Greer Donley (University of Pittsburgh - School of Law) has posted Regulatory Turbulence in Post-Dobbs America (REGULATION IN A TURBULENT ERA (Daniel Walters & Cary Coglianese eds., forthcoming 2024)) on SSRN. Here is the abstract:
This book chapter—part of “Regulation in a Turbulent Era”—examines regulatory turbulence over abortion in the post-Dobbs America. It argues that abortion care is experiencing a shock wave along various fault lines: the practical aspects of abortion provision are changing quickly; the laws that govern abortion provision have radically altered and are continuing to alter; and the political polarity underlying abortion access is both intensifying and moving. This combined tumult creates an opportunity for federal regulation to resolve state conflicts and create more stability. However, regulating in this moment of uncertainty is also practically and politically challenging. Regulation takes time, but the sand is shifting quickly, making it hard for regulators to keep up. Though regulating in moments of uncertainty, instability, and deep political emotion is challenging and may ultimately lead to concessions or delays that weaken the potential of regulation, it is nevertheless a critical tool to respond to the abortion rights crisis.
