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11 Lincoln Mem'l U. L. Rev. 1 (2023)

handle is hein.journals/lmulr11 and id is 1 raw text is: 





  LINCOLN MEMORIAL UNIVERSITY

                  LAW REVIEW




   VOLUME 11          SPRING   2023          ISSUE  1






       ORIGINALISM'S TIME MACHINE: A

RESURRECTED RELATIONSHIP TO THE STATE

             Douglas   B. McKechnie,   J.D.*


I. INTRODUCTION

       In May 2022, a United States (U.S.) news organization
published a draft opinion of a case pending before the U.S. Supreme
Court (Court) revealing that the Justices were likely to overrule fifty
years of the Court's jurisprudence.' More specifically, the draft
opinion overruled the Court's Roe v. Wade decision, which held that
women  have a constitutional right to an abortion.2 The Chief Justice
issued a press release admitting the genuineness of the draft and
lamenting its release as a betrayal of the confidences of the Court . .



* The author would like to thank Professor Kamil Baranik and
Professor Dorota Lis-Staranowicz for the opportunity to present this
paper at the International Legal Conference on Contemporary
Problems of Constitutional Interpretation hosted by the University of
Warmia and Mazury in Olsztyn and Matej Bel University in Banskd
Bystrica. The views expressed herein are the author's alone and do not
necessarily reflect the official policy or position of the United States
Air Force Academy, the United States Air Force, the Department of
Defense, or the U.S. Government.
1 See generally Dobbs v. Jackson Women's Health Org., 142 S. Ct. 2228
(2022).
2 Id.

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