What’s Next for Liberty and Equality After Dobbs? Progressive Strategies and Alternatives to Originalism

James E. Fleming will discuss his timely and important new book, Constructing Basic Liberties: A Defense of Substantive Due Process (University of Chicago Press, 2022). Professor Fleming will argue—in terms of Bob Dylan’s prophetic “A Hard Rain’s A-Gonna Fall”—that in Dobbs we can hear “the roar of a wave that could drown the whole world” of personal autonomy and bodily integrity that should be protected through the doctrine of substantive due process together with equal protection. These basic liberties, he argues in his book, are necessary to extend ordered liberty and the status of equal membership in our political community to all.