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- Title
Deep Roots: Dobbs and the Future of Due Process in Education Law.
- Authors
Lingwall, Jeff; Oliphant, Jennifer
- Abstract
This Article examines the use of Dobbs v. Jackson Women's Health Organization as potential precedent for due-process decisions affecting parental rights and schools. It first contextualizes the long relationship between educational rights and the development of abortion rights, showing how abortion decisions drew on educational precedent to both expand and limit access to abortion. It then examines both the temporal and textual arguments raised in Dobbs and applies them to the historical context of Meyer v. Nebraska and Pierce v. Society of Sisters, the key Supreme Court decisions creating due process rights in family child-rearing decisions. It argues that although due process decisions in education are now on weaker constitutional grounds, they are deeply rooted in United States historical tradition and should be upheld if questioned.
- Subjects
DUE process of law; EDUCATIONAL law &; legislation; ABORTION
- Publication
Washburn Law Journal, 2023, Vol 63, Issue 1, p53
- ISSN
0043-0420
- Publication type
Article