Federalism's Fallacy at the Forefront of Public Health Law.

ABSTRACT

Amid undulating conceptions of the role and prowess of federalism emerges its central constitutional role protecting American liberties against unwarranted governmental intrusions. To the extent that federalism is used as a guise for withdrawing fundamental rights to abortion by the U.S. Supreme Court in Dobbs v. Jackson Women's Health Organization, individual rights are sacrificed in contravention of constitutional structural norms.