# Legal merits and flaws of Dobbs v. Jackson Women's Health Organization

**URL:** https://boards.straightdope.com/t/legal-merits-and-flaws-of-dobbs-v-jackson-womens-health-organization/967201
**Category:** Great Debates
**Tags:** roe\_vs\_wade\_abortion
**Created:** [June 30, 2022, 8:31pm UTC](https://boards.straightdope.com/t/legal-merits-and-flaws-of-dobbs-v-jackson-womens-health-organization/967201 "2022-06-30T20:31:55Z")
**Posts on this page:** 1
**Showing post:** 23

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### Author: ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)
#### Post date: [July 6, 2022, 10:47pm UTC](https://boards.straightdope.com/t/legal-merits-and-flaws-of-dobbs-v-jackson-womens-health-organization/967201/23 "2022-07-06T22:47:23Z")

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Remember, we disagree as to what the 9th Amendment protects.

> [@Does the Ninth Amendment to the United States Constitution itself protect individuals from State infringement of unenumerated rights?](https://boards.straightdope.com/t/does-the-ninth-amendment-to-the-united-states-constitution-itself-protect-individuals-from-state-infringement-of-unenumerated-rights/922125/5):
>
> I don’t think the Ninth Amendment is really “about individual rights”. I think it, like the rest of the bill of rights, is all about federalism. You don’t need to reply to this because I’ll make the same point when I reply to post #4, that way we can keep the thread tidy. These will also be addressed later on. I will address this right here. I do allow for federal judicial review of unenumerated rights. If, for example, a woman comes to court claiming that the State infringed her right to m…

ETA: I wouldn’t characterize the _Dobbs_ court as picking and choosing some of the famous people who were around in the 19th century, either. I don’t see the opinion as intent-based originalism at all. In fact they presented themselves as opposed to that - see my spoiler tag for “Assumption that anti-abortion laws were enacted in good faith.” from the OP, which also addresses @Moriarty’s latter point from [post #9](https://boards.straightdope.com/t/legal-merits-and-flaws-of-dobbs-v-jackson-womens-health-organization/967201/9).

~Max

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