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Masking Radicalism With Restraint: The Rhetorical Redefinition of Conservative Jurisprudence in Dobbs v. Jackson Women’s Health Organization

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Law, Culture and the Humanities

Published online on

Abstract

Law, Culture and the Humanities, Ahead of Print.
Originalists urge courts to exercise judicial restraint over activism when deciding cases. Despite judicial restraint’s association with conservative philosophy, the Supreme Court majority rejected long-established precedent in theDobbsdecision, ...