Federalism’s Fallacy at the Forefront of Public Health Law
Hodge JG, Ghaith S, Krumholz L. Federalism’s fallacy at the forefront of public health law. Journal of Law, Medicine & Ethics. 2022; 50(4): (Forthcoming).
6 Pages Posted: 3 Oct 2022
Date Written: September 29, 2022
Amid undulating conceptions of the role and prowess of federalism emerges its central constitutional role: protecting American liberties against unwarranted governmental intrusions. To the extent that federalism is used as a guise for withdrawing fundamental rights to abortion by the U.S. Supreme Court in Dobbs v. Jackson Women’s Health Organization, individual rights are sacrificed in contravention of constitutional structural norms.
Keywords: Supreme Court, Constitution, federalism, rights, liberty, public health, Dobbs, Jacobson, reproductive, structural, cohesive, due process, individual, states, federal
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