The Yale Law Journal

Mary Ziegler

Forum

The History of Neutrality: Dobbs and the Social-Movement Politics of History and Tradition

Mary Ziegler

By excavating the history around the history-and-tradition test used in Dobbs v. Jackson Women’s Health Organization and the alternative it pushes to the side, this Essay reconsiders the meaning—and plausibility—of neutrality claims turning on the Dobbs Court’s use of history and tradition.