A Comparative Law Guide to a Post-<i>Dobbs</i> America

Hart, James & Foulon, Flore

Journal: Cardozo Journal of Equal Rights & Social Justice

Volume: 29

First Page: 621

Year: 2023

Bluebook Citation: 29 CARDOZO J. EQUAL RTS. & SOC. JUST. 621 (2023)

Author: James A. Hart: all 28 publications


Abstract

The article argues that the U.S. Supreme Court's Dobbs v. Jackson Women’s Health Organization decision, which overturned *Roe v. Wade* and Planned Parenthood v. Casey, necessitates a federal legislative solution to restore abortion rights. Drawing on France's civil law system, the article proposes a clear, comprehensive federal law that guarantees absolute abortion rights pre-viability and includes safeguards post-viability. It emphasizes the need for consistency and clarity, similar to France's approach, to address the legal void left by *Dobbs* and ensure uniform protections across all U.S. states.

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