
The Federal Power Behind Every Birth
Abortion, Citizenship, and the Constitution: Why State Abortion Bans May Violate Federal Authority Since the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization (2022), states have regained the authority to regulate or ban abortion. But a novel constitutional argument suggests that in doing so, states may be intruding into a domain reserved exclusively to the federal government: the creation of U.S. citizens. This post outlines a constitutional theory that reframes state-enforced birth as a form of compelled citizenship creation, raising serious questions about federal supremacy, naturalization, and the limits of state power under the U.S. Constitution. ...