Anti-Abortion Exceptionalism After Dobbs

Winter 2023

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.

Full Citation

Elizabeth W. Sepper. “Anti-Abortion Exceptionalism After Dobbs.” In 51 Journal of Law Medicine and Ethics, Page 612 (Winter 2023). View online.