Abstract
In 2022, the Supreme Court overturned federal abortion protection in a single decision. This decision has resulted in inconsistent state action on abortion rights and has produced myriad unforeseen litigation throughout the country. Further, federal abortion protections are unlikely to be signed into law in the near future, leaving the future of abortion rights uncertain. Instead of proposing direct action designed to protect abortion rights, this Note proposes that the road to federal abortion protections first requires recognizing a constitutional right to healthcare. Specifically, this Note argues that a fundamental right to healthcare can be found by examining the history and tradition of the Fifth, Eighth, Fourth, First, and Third Amendments and their penumbra. Within the history and tradition of these amendments and the rights emanating from them is a longstanding tradition of protecting some aspect of an individual’s health. Recognizing an implied constitutional right to healthcare is essential to fully realize the individual rights of each amendment and will provide the foundation for protecting related rights, such as abortion.
Recommended Citation
Charles Pablico-Fernandez,
Born to Die: Finding the Right to Healthcare in the History and Tradition of the Bill of Rights Amendments,
57 Loy. L.A. L. Rev. 791
(2024).
Available at: https://digitalcommons.lmu.edu/llr/vol57/iss3/5
