JOURNAL ARTICLE
Dobbs, American Federalism, and State Abortion Policymaking: Restrictive Policies Alongside Expansion of Reproductive Rights.
Published In: Publius: The Journal of Federalism, 2023, v. 53, n. 3. P. 378 1 of 3
Database: Academic Search Ultimate 2 of 3
Authored By: Mayer, Martin K.; Morris, John C.; Aistrup, Joseph A; Anderson, R Bruce; Kenter, Robert C 3 of 3
Abstract
The article focuses on the impact of the U.S. Supreme Court's June 2022 decision in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade and returned abortion policymaking authority to individual states. It analyzes state-level responses post-Dobbs, highlighting a bifurcation where some states have enacted stricter abortion restrictions—including total bans and "heartbeat" laws—while others have moved to protect or expand reproductive rights through constitutional amendments, court rulings, and supportive legislation. The article also discusses the role of state constitutions and courts in shaping abortion access, the influence of political and demographic factors on state policies, and the emerging complexities of federalism, including interstate conflicts and electoral dynamics. A new state ranking system is presented, categorizing states from most to least restrictive based on gestational limits, exceptions, and constitutional protections, illustrating the diverse and evolving landscape of reproductive rights in the post-Dobbs era.
Additional Information
- Source:Publius: The Journal of Federalism. 2023/07, Vol. 53, Issue 3, p378
- Document Type:Article
- Subject Area:Law
- Publication Date:2023
- ISSN:0048-5950
- DOI:10.1093/publius/pjad012
- Accession Number:164776906
- Copyright Statement:Copyright of Publius: The Journal of Federalism is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
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