2023•The Journal of Law Medicine & EthicsRequires access

Anti-Abortion Exceptionalism after Dobbs

Elizabeth Sepper

Abstract

Abstract The end of the constitutional right to abortion with Dobbs v. Jackson Women’s Health stands to generate massive conflict between abortion regulation and the First Amendment. Abortion exceptionalism within constitutional doctrine -- which both treats abortion differently than other areas and favors anti-abortion over pro-choice viewpoints -- will not retreat but advance, unless confronted by the courts.

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Available abstract

Key concepts: Abortion, Exceptionalism, Viewpoints, Law, Doctrine, Political science, Abortion law, Constitutional right