Regressive Federalism, Rights Reversals, and the Public’s Health

Abstract

As the United States emerges from the worst public health threat it has ever experienced, the Supreme Court is poised to reconsider constitutional principles from bygone eras. Judicial proposals to roll back rights under a federalism infrastructure grounded in states’ interests threaten the nation’s legal fabric at a precarious time. This column explores judicial shifts in 3 key public health contexts – reproductive rights, vaccinations, and national security – and their repercussions.

Note:
Funding Information: None to declare.

Declaration of Interests: None to declare.

Keywords: federalism, rights, regression, fundamental, reproductive, First Amendment, constitutional principles, pandemic, national security, COVID-19