A new approach to rights analysis?

In two cases consuming the nation – New York State Rifle & Pistol Association, Inc. v. Bruen and Dobbs v. Jackson Women’s Health – the U.S. Supreme Court announced dramatic new interpretations of rights guaranteed by the Constitution. The decision in Dobbs expanded states’ powers by rejecting a previously recognized individual right. The decision in  Bruen curtailed states’ rights by expanding another individual right. While seemingly opposed on the surface, the two cases actually display a consistent approach for rights analysis that represents a vast departure from past practices.

At Bruen, Dobbs, and the Future of Rights in the Roberts Court, we will consider how this shift in the treatment of constitutional rights compares to other periods of significant constitutional development in American history. Professor of Political Science and an affiliate faculty member of the Law School at UW-Madison Howard Schweber will explore the contours of this newly dominant approach to the analysis of constitutional rights, identify ways in which it represents a break from long-established norms and practices, and consider the implications for other rights going forward.