Life

CLS filed an amicus brief in Dobbs v. Jackson Women’s Health urging the Court to overrule Roe v. Wade and Planned Parenthood v. Casey. Written by Judge Ken Starr and the Robertson Center for Constitutional Law at Regent University, the brief argues that federalism has long protected liberty and sustained our pluralistic society, but open-ended conceptions of substantive due process undermine the fundamental principles of federalism.

Abortion jurisprudence provides a singular example of the harms that result when courts sever our history and traditions from substantive due process analysis. Nor can the Court serve the rule of law by preserving precedents that subvert the rule of law and erode democratic discourse.