What constitutional law arguments might be used to fight the criminalization of abortion in the aftermath of the
Dobbs decision? In this talk,
Cary Franklin, McDonald/Wright Chair of Law at UCLA School of Law, will assert that the Constitution’s guarantee of sex equality offers a potent tool for challenging criminal abortion bans by state governments. As states turn to the most coercive methods for regulating women’s reproductive capacities, Franklin contends that their carceral tools, including the criminalization of abortion, render women less-than-equal citizens in violation of the Constitutional guarantee of “equal protection.” While
Dobbs eliminated the “liberty” to have an abortion, lawyers and advocates are working to find new paths forward. Franklin will trace one of these paths, showing how fifty years of jurisprudence on sex equality can be used to protect women from the carceral threats of abortion criminalization.
Elizabeth Sepper, Crillon C. Payne, II Professor in Health Law at UT School of Law, will respond.