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Article
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Federalism’s Fallacy at the Forefront of Public Health Law
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James G. Hodge Jr. and Summer Ghaith et al.
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50 Journal of Law, Medicine & Ethics 848 (2022)
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Open Access
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Abstract: 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.
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