The Dobbs case was argued before the Supreme Court in December 2021 and is currently awaiting a decision from the Court. Based upon the oral arguments and make-up of the Court, legal observers anticipate that the Court may overturn Roe and Casey. Review the audio tape of the oral argument at https://youtu.be/MRe4mYcEqBM
Write an essay of 3-4 pages (double spaced, 1 inch margins) in which you do one of the following:
- Imagine that you are a law clerk of Justice Kavanaugh of the Supreme Court. Justice Kavanaugh has assigned you the task of drafting the majority decision in Dobbs. As part of your draft, explain what you believe the holding of the Court will be, and its rationale. Also, refute what you believe will be the main points of the dissenting justices; OR
- Imagine that you are a law clerk of Justice Stephen Breyer of the Supreme Court. Justice Breyer has assigned you the task of drafting his dissenting opinion in the Dobbs. As part of your draft, explain the main arguments of the dissent. Also, refute what you believe will be the main points of the Court’s majority decision.
Your paper should be based upon your legal analysis of precedents discussed in class, as well as the arguments of counsel and the comments of the justices during the oral argument.