A Return to Black Codes: How the Dobbs Decision Debilitated the 14th Amendment

Substantive due process, drawn from the 14th Amendment, has been a consistent judicial doctrine for establishing and protecting the rights and liberties of Black citizens in the face of systemic racism. This prompts a question for political consideration and investigation: if the 14th Amendment is a constitutional equilibrium for rights Black citizens would otherwise not enjoy, could the rescission of a right decided and sustained by the 14th Amendment that is not racially explicit have negative racial implications for Black Americans? This study answers this question through an atheoretical case study on the ruling in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade. This study finds that the ruling in Dobbs weakened the 14th Amendment by allowing parameters to be placed on substantive due process. Though the question before the Court was the constitutionality of Mississippi’s abortion law, the implications of weakening the 14th Amendment are that it allows for the legal and cultural revitalization of Black exclusion that existed under the Black Codes, which has already come to fruition in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College and the end of affirmative action.