미국 연방대법원의 낙태에 관한 Dobbs 판결의 의미와 영향 = Meaning and Impact of the U. S. Supreme Court’s Dobbs Decision on Abortion

다국어 초록 (Multilingual Abstract)

In the United States, woman's right to abortion has been recognized as a constitutional right for fifty years. In 2022, however, in Dobbs v. The Jackson Women’s Health Organization, the Supreme Court declared that the U.S. Constitution does not protect abortion rights and overturned Roe v. Wade.
This resulted in American women losing federal constitutional protection of their right to abortion, while also removing barriers that had prevented the spread of state laws restricting abortion. Now, whether abortion is permitted and the scope of regulation are determined by the political discussions of state governments or legislatures, not by the rulings of the Supreme Court. In each state, political debate continues over legislation and policies regarding whether abortion is allowed.
This article reviews the majority’s reasoning of the Dobbs decision and then examines the validity of the arguments for overruling the Roe decisions. It also analyzes the extent to which access to abortion is guaranteed in laws and practice, focusing on individual states, since the Dobbs decision.
In particular, since the ban on abortion is a matter of gender discrimination, the argument that women's rights should be based on the equal protection is raising voices again. In relation to the fact that women's voices are not sufficiently reflected in state legislatures where abortion laws and policies are debated, securing women's representation through an increase the number of female legislators as well as female voters is being raised as an important issue.