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

Hodge JG, Piatt JL, Barraza L, White EN. Regressive federalism, rights reversals, and the public’s health. Journal of Law, Medicine & Ethics. 2022; 50(2): __-__ (Forthcoming).

7 Pages Posted: 9 Apr 2022

See all articles by James G. Hodge

James G. Hodge

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Jennifer L. Piatt

Arizona State University (ASU) - Sandra Day O'Connor College of Law

Leila Barraza

University of Arizona - Mel and Enid Zuckerman College of Public Health; Network for Public Health Law

Erica N. White

Arizona State University (ASU), Sandra Day O'Connor College of Law; Center for Public Health Law and Policy

Date Written: March 1, 2022

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

Suggested Citation

Hodge, James G. and Piatt, Jennifer and Barraza, Leila and Barraza, Leila and White, Erica N., Regressive Federalism, Rights Reversals, and the Public’s Health (March 1, 2022). Hodge JG, Piatt JL, Barraza L, White EN. Regressive federalism, rights reversals, and the public’s health. Journal of Law, Medicine & Ethics. 2022; 50(2): __-__ (Forthcoming). , Available at SSRN: https://ssrn.com/abstract=4045794

James G. Hodge (Contact Author)

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

Sandra Day O'Connor College of Law
111 E. Taylor Street, MC 9520
Phoenix, AZ 85004-4467
United States
480-727-8576 (Phone)

HOME PAGE: http://https://law.asu.edu/degree-programs/public-health-law-policy

Jennifer Piatt

Arizona State University (ASU) - Sandra Day O'Connor College of Law ( email )

111 E. Taylor Street
Phoenix, AZ 85004
United States

Leila Barraza

Network for Public Health Law ( email )

Saint Paul, MN
United States

University of Arizona - Mel and Enid Zuckerman College of Public Health ( email )

Tucson, AZ

Erica N. White

Arizona State University (ASU), Sandra Day O'Connor College of Law ( email )

Box 877906
Tempe, AZ
United States

Center for Public Health Law and Policy ( email )

United States

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