The Insidious Legal Theory Behind the Abortion Rights Rollback
Referendum
After the Supreme Court handed down its decision in Dobbs , I was part of a legal team that challenged Ohio’s severe restriction on abortion in court . A few months later, we had an initial victory: The restriction was preliminarily enjoined , and Ohio voters subsequently approved an amendment to the state constitution protecting reproductive rights via referendum. Coverture is an arcane but newly relevant legal idea that goes all the way back to the 1700s: the notion that a woman’s legal
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