Monday, October 16, 2023

The History of ‘History and Tradition’ in Dobbs


On Friday, October 28th, at its annual meeting, the American Society for Legal History will hold a panel discussion on The History of ‘History and Tradition’ in Dobbs v Jackson Women's Health Organization.

The panel will feature papers from:
  1. Aaron Tang, University of California, Davis ( Lessons from Lawrence: How “History” Gave Us Dobbs—and How They Can Help Overrule It  
  2. Reva Siegel, Yale University ( The History of History and Tradition: The Roots of Dobbs’s Method (and Originalism) in the Defense of Segregation
  3. Melissa Murray, New York University ( : Historicizing Democracy on the Road to Fetal Personhood in Dobbs
  4. Mary Ziegler, University of California, Davis ( The Social-Movement History of “Tradition”: Dobbs, Coalition-Building, and Constitutional Doctrine on the Right 
Cary Franklin, University of California, Los Angeles ( will offer commentary on the papers and on the Supreme Court's new "history and tradition" test.  I will moderate and also offer comments on the papers.

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