Heidi Li FeldmanThe Civil War and the 13th and 14th Amendments meant that the Supreme Court never had to overrule Dred Scott, so never had to face the question of whether it got the reach of the original Constitution’s guarantees of liberty and equal protection of the laws wrong. But if Congress passes the sort of abortion rights legislation it should, the Supreme Court is very likely going to have to face up to the comparable question about Dobbs. 6/
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