Volume 2, Issue 1 – Winter 2024
Articles
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Today’s Brandeis Brief? The Fate of the Historians’ Brief Amidst the Rise of an Originalist Court
By M. Henry Ishitani. Despite their significantly higher overall citation rates than comparable forms of amicus briefings, historians’ amicus briefs to the Supreme Court have been a surprisingly overlooked and under-studied legal tactic. This article attempts to correct this gap in our understanding of this subgenre of history-based briefing, revealing the hard data and political trends shaping these judicial citations.
Symposium
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Abortion-Eugenics Discourse in Dobbs: A Social Movement History
By Reva B. Siegel & Mary Ziegler. To win over new supporters and counter equality arguments of the abortion-rights movement, the antiabortion movement began to equate the abortion-rights movement with the painful…
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The Wages of Crying Roe: Some Realism About Dobbs v. Jackson Women’s Health Organization
By Neil S. Siegel. The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization was based upon moral opposition to abortion and gender bias, instead of its stated reasoning—a draconian version…
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Dobbs v. Brown
By Andrew CoanBy Andrew Coan. The ongoing debate over the Dobbs majority’s attempt to claim the mantle of Brown v. Board of Education has many threads. This Essay will focus on three—stare decisis, the…
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The Critical Role of History After Dobbs
By Serena Mayeri. Though the Dobbs majority’s argument relies on a flawed and impoverished account of “history and tradition,” history remains relevant to constitutional law and political discourse about reproductive rights and…
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Before “the Supreme Court Bail[ed] Us Out”: Feminist Claims for Abortion Rights and the Constitutional History of Roe v. Wade
By Felicia Kornbluh. With a Supreme Court majority hostile to reproductive rights claims, it is a comfort and perhaps an inspiration to learn from history that there are a variety of other…