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Brooklyn Journal of International Law
Abortion; termination of pregnancy; federalism; constitutionalism; constitution; constitutional law; religion; religious fundamentalism; evangelical Christianity; Catholicism; human rights; Ireland; United States; United Kingdom; France; International Covenant on Civil and Political Rights; ICCPR; European Convention on Human Rights; ECHR; female bodily autonomy; Protection of Life During Pregnancy Act; PLDPA; Eighth Amendment of the Irish Constitution; feminism; politics; political ideology
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The Gospel Of Federalism: How The Deification Of Political Ideology Impedes The United States’ Abortion Law Scheme, Nicole Jakobson
The Gospel Of Federalism: How The Deification Of Political Ideology Impedes The United States’ Abortion Law Scheme, Nicole Jakobson
Brooklyn Journal of International Law
In 2022, the United States Supreme Court decided Dobbs v. Jackson Women’s Health Organization, which ended the federal abortion protection established under Roe v. Wade. The Court reasoned that abortion restriction is properly regulated by state governments, and thus a federal abortion law scheme is unconstitutional. In substance, the Court was safeguarding the enduring political and legal principle of federalism. This Note draws a comparison between the United States’ treatment of federalism and foreign jurisdictions’ treatment of religion within the context of abortion. This Note argues that the United States’ preoccupation with federalism is analogous to appeals to religion in …