Teaching Dobbs as a Contemporary Case Study of Federalism in Action and an Introduction to the Cross-Disciplinary Nature of the Law

Authors

Antonia A.B. Miceli, Saint Louis University School of LawFollow

Document Type

Article

Abstract

With its decision in Dobbs v. Jackson Women’s Health Organization, the U.S. Supreme Court ended the constitutional right to an abortion, overturning Roe v. Wade and Planned Parenthood v. Casey, and returned the issue of legal access to an abortion to the states. Prior to Dobbs, reproductive rights and the right to an abortion were firmly situated within the substantive due process and fundamental rights coverage of law school constitutional law courses. But this coverage often falls late in, or completely outside the scope of, the required constitutional law curriculum at U.S. law schools. This Article offers the Dobbs decision as an opportunity for constitutional law professors to begin their coverage of the right to an abortion earlier in the required constitutional law curriculum in a manner that moves away from a strictly “Case-Method” study of law to a more accessible cross-disciplinary study of law.

By using Dobbs as a contemporary case study of federalism in action, constitutional law professors can utilize a rich variety of readily available resources to make the legally complex concept of federalism more approachable and accessible to a wider assortment of students, including students with learning disabilities. Professors also can use Dobbs as an introduction to the cross-disciplinary nature of the law by exploring Dobbs’ impact on other academic disciplines including medicine, business and economics, and political science, while empowering students to engage with their law school studies in a more meaningful and active manner. This Article presents exercises for both recommended uses of Dobbs, which apply different teaching modalities inside and outside the classroom, allowing constitutional law professors to support their students in developing new critical thinking skills that support a greater understanding of the law and the intersections between the legal profession and other areas of academic pursuit.

Recommended Citation

Antonia A. Miceli, Teaching Dobbs as a Contemporary Case Study of Federalism in Action and an Introduction to the Cross-Disciplinary Nature of the Law, 17 St. Louis U. J. Health L. & Pol'y (2024).
Available at: https://scholarship.law.slu.edu/jhlp/vol17/iss2/5