When Liberty Loses Its Market Value: Dobbs and the New Logic of Reliance

• In Event: Constitutional Interpretation and Supreme Court

Brief Overview

Dobbs recasts constitutional reliance as an economic concept, valuing precedent only when it stabilizes markets. This paper traces how that shift revives Lochner-era preferences for economic order over personal liberty.

Author

• Gwendolyn Beth Torges, Indiana University of Pennsylvania, Main Campus