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SSRN Electronic Journal, 2022

DOI: 10.2139/ssrn.4233512

Cambridge University Press, Journal of Law, Medicine and Ethics, 4(50), p. 848-851, 2022

DOI: 10.1017/jme.2023.26

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Federalism’s Fallacy at the Forefront of Public Health Law

Journal article published in 2022 by James G. Hodge, Lauren Krumholz, Summer Ghaith ORCID
This paper was not found in any repository, but could be made available legally by the author.
This paper was not found in any repository, but could be made available legally by the author.

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Abstract

AbstractAmid 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.