America’s Post-Roe Constitutional Abyss
The states’ rights theory embraced by slaveholding states before the US Civil War and later used to defend racial segregation is again threatening civil rights and the underpinnings of the American state. The doctrine is part of a right-wing legal insurgency attacking everything from federal regulation to the electoral system.
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WASHINGTON, DC – The old legal specter of the states’ rights doctrine is haunting the American republic. This zombie constitutional theory was once used to promote the cause of the rebellious slaveholding states before the US Civil War and to defend racial segregation in the former Confederacy for a century afterwards. Today, it again threatens both civil rights and the underpinnings of the American state.