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''Dobbs v. Jackson Women's Health Organization'', , is a
landmark decision Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly ...
of the U.S. Supreme Court in which the court held that the
Constitution of the United States The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nati ...
does not confer a right to
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pre ...
. The court's decision overruled both ''
Roe v. Wade ''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
'' (1973) and ''
Planned Parenthood v. Casey ''Planned Parenthood v. Casey'', 505 U.S. 833 (1992), was a landmark case of the Supreme Court of the United States in which the Court upheld the right to have an abortion as established by the "essential holding" of ''Roe v. Wade'' (1973) and is ...
'' (1992), giving individual states the full power to regulate any aspect of abortion not protected by federal law. The case concerned the constitutionality of a 2018
Mississippi Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
state law that banned most abortion operations after the first 15 weeks of
pregnancy Pregnancy is the time during which one or more offspring develops ( gestates) inside a woman's uterus (womb). A multiple pregnancy involves more than one offspring, such as with twins. Pregnancy usually occurs by sexual intercourse, but ...
. The Mississippi law was written by a Christian legal organization,
Alliance Defending Freedom Alliance Defending Freedom (ADF, formerly Alliance Defense Fund) is an American conservative Christian legal advocacy group that works to curtail rights for LGBTQ people; expand Christian practices within public schools and in government; and ...
, with the specific intent to provoke a legal battle leading to the overturning of ''Roe''.
Jackson Women's Health Organization Jackson Women's Health Organization (abbreviated JWHO and commonly known as the Pink House) was an abortion clinic located in a bright pink building in Jackson, Mississippi's Fondren neighborhood. It was the only abortion clinic in Mississippi s ...
, Mississippi's only abortion clinic, had sued Thomas E. Dobbs, state health officer with the
Mississippi State Department of Health Mississippi State Department of Health (MSDH) is a state agency headquartered in Jackson, Mississippi Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; t ...
, in March 2018.
Lower court A lower court or inferior court is a court from which an appeal may be taken, usually referring to courts other than supreme court. In relation to an appeal from one court to another, the lower court is the court whose decision is being reviewed ...
s had prevented enforcement of the law with preliminary
injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in p ...
s. The injunctions were based on the ruling in ''Planned Parenthood v. Casey'', which had prevented states from banning abortion before
fetal viability Fetal viability is the ability of a human fetus to survive outside the uterus. Medical viability is generally considered to be between 23 and 24 weeks gestational age. Viability depends upon factors such as birth weight, gestational age, and the ...
, generally within the first 24 weeks, on the basis that a woman's choice for abortion during that time is protected by the
Due Process Clause In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except a ...
of the
Fourteenth Amendment to the U.S. Constitution The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and e ...
. The ideological shift of the Supreme Court during the
Trump administration Donald Trump's tenure as the List of presidents of the United States, 45th president of the United States began with Inauguration of Donald Trump, his inauguration on January 20, 2017, and ended on January 20, 2021. Trump, a Republican Party ...
that culminated with the 2020 appointment of Justice
Amy Coney Barrett Amy Vivian Coney Barrett (born January 28, 1972) is an associate justice of the Supreme Court of the United States. The fifth woman to serve on the court, she was nominated by President Donald Trump and has served since October 27, 2020. ...
made ''Dobbs'' a potential vehicle for social conservatives to challenge ''Roe''. Several states passed legislation, including trigger laws, to strictly regulate abortion should the newly conservative court overturn ''Roe''. ''Dobbs'' gained more attention in the wake of legal battles over the
Texas Heartbeat Act The Texas Heartbeat Act, Senate Bill 8 (SB 8), is an act of the Texas Legislature that bans abortion after the detection of embryonic or fetal cardiac activity, which normally occurs after about six weeks of pregnancy. The law took effect ...
, enacted in May 2021, leading to near record-setting ''
amicus curiae An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision o ...
'' submissions. Oral arguments before the Supreme Court were held in December 2021. In May 2022, ''
Politico ''Politico'' (stylized in all caps), known originally as ''The Politico'', is an American, German-owned political journalism newspaper company based in Arlington County, Virginia, that covers politics and policy in the United States and intern ...
'' published a leaked draft majority opinion by Justice
Samuel Alito Samuel Anthony Alito Jr. ( ; born April 1, 1950) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George W. Bush on October 31, 2005, and has serve ...
, which prompted more states to pass trigger laws. The leaked draft largely matched the final decision. On June 24, 2022, the Court issued a decision that, by a vote of 6–3, reversed the lower court rulings. A smaller majority of five justices joined the opinion overturning ''Roe'' and ''Casey''. The majority held that abortion is not a
constitutional right A constitutional right can be a prerogative or a duty, a power or a restraint of power, recognized and established by a sovereign state or union of states. Constitutional rights may be expressly stipulated in a national constitution, or they may ...
as the Constitution does not mention it and its substantive right was not "deeply rooted" in the country's history, meaning that individual states have the authority to regulate access to abortion. Chief Justice
John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. Roberts has authored the majority opinion in several landmark cases, including '' Nat ...
agreed with the judgment upholding the Mississippi law but did not join the majority in the opinion to overturn ''Roe'' and ''Casey''. Leading Republican politicians applauded the decision, while leading Democrats and many international observers denounced it. Protests and counterprotests over the decision occurred in many U.S. cities and internationally, with polling indicating that 55% to 60% of the public disapproved of overturning ''Roe''.


Background

The U.S. Supreme Court ruled in ''
Roe v. Wade ''Roe v. Wade'', 410 U.S. 113 (1973),. was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States conferred the right to have an abortion. The decision struck down many federal and st ...
'', a 1973
landmark decision Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly ...
, that a right to privacy within the scope of the
Fourteenth Amendment to the U.S. Constitution The Fourteenth Amendment (Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. Often considered as one of the most consequential amendments, it addresses citizenship rights and e ...
included a woman's qualified right to terminate her pregnancy. The Court partly reaffirmed this in ''
Planned Parenthood v. Casey ''Planned Parenthood v. Casey'', 505 U.S. 833 (1992), was a landmark case of the Supreme Court of the United States in which the Court upheld the right to have an abortion as established by the "essential holding" of ''Roe v. Wade'' (1973) and is ...
'', a 1992 case that also struck down ''Roe''s
pregnancy trimester Pregnancy is the time during which one or more offspring develops ( gestates) inside a woman's uterus (womb). A multiple pregnancy involves more than one offspring, such as with twins. Pregnancy usually occurs by sexual intercourse, but ...
framework in favor of a
fetal viability Fetal viability is the ability of a human fetus to survive outside the uterus. Medical viability is generally considered to be between 23 and 24 weeks gestational age. Viability depends upon factors such as birth weight, gestational age, and the ...
standard, typically 23 or 24 weeks into pregnancy. ''Casey'' held that laws that restrict abortion before the fetus is viable create an undue burden on women seeking abortions, and are unconstitutional under the
Due Process Clause In United States constitutional law, a Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibits arbitrary deprivation of "life, liberty, or property" by the government except a ...
given a woman's right to " substantive due process" under the Fourteenth Amendment. The Court also ruled that this right is not absolute, must be balanced with possible
government interest Government or state interest is a concept in law that allows the state to regulate a given matter. The concept may apply differently in different countries, and the limitations of what should and should not be of government interest vary, and ha ...
, and may be affected by medical advancements that allow premature babies to survive at younger gestational ages. After ''Roe'', there was a national political realignment surrounding abortion. The
abortion-rights movement in the United States The United States abortion-rights movement (also known as the pro-choice movement) is a sociopolitical movement in the United States supporting the view that a woman should have the legal right to an elective abortion, meaning the right to term ...
initially emphasized the national policy benefits of abortion, such as smaller welfare expenses, slower population growth, and fewer illegitimate births. The abortion-rights movement drew support from the
population control movement Human population planning is the practice of intentionally controlling the growth rate of a human population. The practice, traditionally referred to as population control, had historically been implemented mainly with the goal of increasing p ...
, feminists, and environmentalists. Anti-abortion advocates and civil-rights activists accused abortion-rights supporters of intending to control the population of racial minorities and the disabled, citing their ties to racial segregationists and
eugenicist Eugenics ( ; ) is a fringe set of beliefs and practices that aim to improve the genetic quality of a human population. Historically, eugenicists have attempted to alter human gene pools by excluding people and groups judged to be inferior or ...
legal reformers. The abortion-rights movement subsequently distanced itself from the population control movement and took up choice-based and rights-oriented rhetoric similar to what was used in the ''Roe'' decision. At the time of ''Roe'', opposition to abortion was largely concentrated in the Catholic Church, with many Protestant faiths leaning in favor of or not taking a stance on it. Catholics and many Northern Democratic politicians supported an expansive
welfare state A welfare state is a form of government in which the state (or a well-established network of social institutions) protects and promotes the economic and social well-being of its citizens, based upon the principles of equal opportunity, equita ...
, wanted to reduce rates of abortion through prenatal insurance and federally funded day care, and opposed abortion. Beginning in the late 1970s, the
anti-abortion movement in the United States The United States anti-abortion movement (also called the pro-life movement or right-to-life movement) contains elements opposing induced abortion on both moral and religious grounds and supports its legal prohibition or restriction. Advocates ...
shifted to Protestant faiths that saw abortion rights as part of a liberal agenda to fight against, and became part of the new
Christian right The Christian right, or the religious right, are Christian political factions characterized by their strong support of socially conservative and traditionalist policies. Christian conservatives seek to influence politics and public policy with ...
. The Protestant influence helped make opposition to abortion part of the
Republican Party Republican Party is a name used by many political parties around the world, though the term most commonly refers to the United States' Republican Party. Republican Party may also refer to: Africa * Republican Party (Liberia) *Republican Party ...
's platform by the 1990s. Republican-led states enacted laws to restrict abortion, including abortions earlier than ''Casey''s general standard of 24 weeks. The courts enjoined most of these laws. Fetal viability's usage as a standard was questioned in U.S. abortion-related cases after ''Casey'', including by Justice
Sandra Day O'Connor Sandra Day O'Connor (born March 26, 1930) is an American retired attorney and politician who served as the first female associate justice of the Supreme Court of the United States from 1981 to 2006. She was both the first woman nominated and th ...
in her dissenting opinion in ''
City of Akron v. Akron Center for Reproductive Health ''City of Akron v. Akron Center for Reproductive Health'', 462 U.S. 416 (1983), was a case in which the United States Supreme Court affirmed its abortion rights jurisprudence. In an opinion by Justice Powell, the Court struck down several provision ...
''. These opinions argued that other scientific, philosophical, and moral considerations are involved. During the
Roberts Court The Roberts Court is the time since 2005 during which the Supreme Court of the United States has been led by John Roberts as Chief Justice. It is generally considered to be more conservative than the preceding Rehnquist Court and the most cons ...
since 2005, there had generally been a 5–4 conservative majority with the potential to overturn ''Roe'' and ''Casey''. But one of those conservatives,
Anthony Kennedy Anthony McLeod Kennedy (born July 23, 1936) is an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1988 until his retirement in 2018. He was nominated to the court in 1987 by Presid ...
, had been part of the controlling plurality opinion in ''Casey'' and was generally seen as a safe vote to uphold it. Among the other conservative members were
Samuel Alito Samuel Anthony Alito Jr. ( ; born April 1, 1950) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George W. Bush on October 31, 2005, and has serve ...
, who had sat as a circuit judge on the three-judge appellate panel and dissented from the court's invalidation of the spousal notification in ''Casey''; and
Clarence Thomas Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1 ...
, who believed the court's use of substantive due process to confer implicit rights, including a right to abortion, was incorrect. Chief Justice
John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. Roberts has authored the majority opinion in several landmark cases, including '' Nat ...
was also considered part of the conservative majority, but he was a strong proponent of ''
stare decisis A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great va ...
'', believing that even some wrongly decided cases should not be overturned, and a staunch defender of the Court's reputation. Since 2018, when Kennedy retired and was replaced by
Brett Kavanaugh Brett Michael Kavanaugh ( ; born February 12, 1965) is an American lawyer and jurist serving as an associate justice of the Supreme Court of the United States. He was nominated by President Donald Trump on July 9, 2018, and has served since O ...
, a known ''Casey'' opponent along with
Neil Gorsuch Neil McGill Gorsuch ( ; born August 29, 1967) is an American lawyer and judge who serves as an associate justice of the Supreme Court of the United States. He was nominated by President Donald Trump on January 31, 2017, and has served since ...
, the Court's ideological makeup with respect to abortion rights appeared to have shifted. Because of Roberts's stated positions, he was considered the "
swing vote A swing vote is a vote that is seen as potentially going to any of a number of candidates in an election, or, in a two-party system, may go to either of the two dominant political parties. Such votes are usually sought after in election campaign ...
" in abortion cases, but his strong support for upholding even wrongly decided cases would make it difficult for ''Roe'' or ''Casey'' to be challenged. Nevertheless, several Republican-majority states passed bills restricting abortion, anticipating a potential shift in the Supreme Court and providing possible case vehicles for bringing the issue to it. When
Amy Coney Barrett Amy Vivian Coney Barrett (born January 28, 1972) is an associate justice of the Supreme Court of the United States. The fifth woman to serve on the court, she was nominated by President Donald Trump and has served since October 27, 2020. ...
replaced
Ruth Bader Ginsburg Joan Ruth Bader Ginsburg ( ; ; March 15, 1933September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until her death in 2020. She was nominated by Presiden ...
in late 2020, the Court's ideological makeup shifted further, creating a 6–3 conservative majority and providing an opportunity to additionally limit or even overturn ''Roe'' and ''Casey'' by moving Roberts out of the "swing vote" role. Ginsburg had generally been in the majority of past Supreme Court cases that enjoined stricter abortion laws. Conversely, Barrett held anti-abortion views; in 1998, she wrote in a
law journal A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also p ...
article that abortion is "always immoral".


Gestational Age Act

In March 2018, the
Mississippi Legislature The Mississippi Legislature is the state legislature of the U.S. state of Mississippi. The bicameral Legislature is composed of the lower Mississippi House of Representatives, with 122 members, and the upper Mississippi State Senate, with 52 m ...
passed the Gestational Age Act, which banned any abortion operation after the first 15 weeks of pregnancy, with exceptions for a medical emergency or severe fetal abnormality but none for cases of
rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ...
or
incest Incest ( ) is human sexual activity between family members or close relatives. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by affinity ( marriage or stepfamily), ado ...
. The medical emergency exception allows abortions to save the life of a pregnant woman and in situations where "the continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function". The severe fetal abnormality exception allows abortions of fetuses whose defects will leave them incapable of living outside the womb. The legislature justified this prohibition on the basis that abortions for nontherapeutic or elective reasons were "a barbaric practice, dangerous for the maternal patient, and demeaning to the medical profession". Another basis was that the abortion procedures forbidden under the Act were said by the legislature to carry "significant physical and psychological risks", and could cause various medical complications. The legislation was based on a model written by
Alliance Defending Freedom Alliance Defending Freedom (ADF, formerly Alliance Defense Fund) is an American conservative Christian legal advocacy group that works to curtail rights for LGBTQ people; expand Christian practices within public schools and in government; and ...
, a Christian nationalist legal organization. The model legislation was created with the intent to make it law in the states within the traditionally conservative Fifth Circuit Court of Appeals (Louisiana, Mississippi, and Texas), and a means to bring abortion rights to the Supreme Court. Governor
Phil Bryant Dewey Phillip Bryant (born December 9, 1954) is an American politician who served as the 64th governor of Mississippi from 2012 to 2020. A member of the Republican Party, he was the 31st lieutenant governor of Mississippi from 2008 to 2012 and ...
signed the bill into law, saying he was "committed to making Mississippi the safest place in America for an unborn child, and this bill will help us achieve that goal". He added, "We'll probably be sued here in about a half hour, and that'll be fine with me. It is worth fighting over."


Lower courts

Within a day of the Gestational Age Act's passage, Mississippi's only abortion clinic,
Jackson Women's Health Organization Jackson Women's Health Organization (abbreviated JWHO and commonly known as the Pink House) was an abortion clinic located in a bright pink building in Jackson, Mississippi's Fondren neighborhood. It was the only abortion clinic in Mississippi s ...
, and one of its doctors, Sacheen Carr-Ellis, sued state officials Thomas E. Dobbs, state health officer with the
Mississippi State Department of Health Mississippi State Department of Health (MSDH) is a state agency headquartered in Jackson, Mississippi Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; t ...
, and Kenneth Cleveland, executive director of the Mississippi State Board of Medical Licensure, to challenge the Act's constitutionality. The clinic performed surgical abortions up to 16 weeks' gestation and was represented in court by the Center for Reproductive Rights. The case was heard by Judge Carlton W. Reeves of the U.S. District Court for the Southern District of Mississippi. In November 2018, Reeves ruled for the clinic and placed an injunction on Mississippi enjoining it from enforcing the Act. Reeves wrote that, based on evidence that viability of the fetus begins between 23 and 24 weeks, Mississippi had "no legitimate state interest strong enough, prior to viability, to justify a ban on abortions". Dobbs sought to have the judges consider whether fetal pain might be possible after 15 weeks, but the District Court ruled his evidence as "inadmissible and irrelevant". The state appealed to the
Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * Mi ...
, which upheld Reeves's ruling in a 3–0 decision in December 2019. Senior Circuit Judge
Patrick Higginbotham Patrick Errol Higginbotham (born December 16, 1938) is an American judge and lawyer who serves as a Senior United States circuit judge of the United States Court of Appeals for the Fifth Circuit. Background and education Judge Higginbotham wa ...
wrote for the Court, "In an unbroken line dating to ''Roe v. Wade'', the Supreme Court's abortion cases have established (and affirmed, and re-affirmed) a woman's right to choose an abortion before viability. States may regulate abortion procedures prior to viability so long as they do not impose an undue burden on the woman's right, but they may not ban abortions." A request for an ''
en banc In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller p ...
'' rehearing was denied. In May 2019, the District Court for the Southern District of Mississippi issued another injunction, this time against a newly passed Mississippi abortion law. This was a
heartbeat bill A six-week abortion ban or early abortion ban, called a "heartbeat bill" or "fetal heartbeat bill" by proponents, is a form of abortion restriction legislation in the United States. These bans make abortion illegal as early as six weeks gestatio ...
that forbade most abortions when a fetus' heartbeat could be detected, which is usually from six to 12 weeks into pregnancy. In a February 2020 ''
per curiam In law, a ''per curiam'' decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least, a majority of the court) acting collectively (and typically, though not ...
'' decision, the Fifth Circuit also upheld the second injunction. The Fifth Circuit's statements for both injunctions were similar because they both cited the lack of fetal viability during earlier stages of gestation as a reason to enjoin the laws.


Supreme Court

Mississippi petitioned its appeal of the Fifth Circuit decisions to the Supreme Court in June 2020. Its petition, filed by Mississippi Attorney General
Lynn Fitch Lynn Fitch (born October 5, 1961) is an American lawyer, politician, and the 40th Mississippi Attorney General. She is the first woman to serve in the role and the first Republican since 1878. Previously, she was the 54th State Treasurer of Missi ...
, focused on three questions from the appeals process. In its petition, Mississippi asked the Court to revisit the viability standard on the basis of the standard's inflexibility, and inadequate accommodation of present understandings of life before birth. The filing stated that fetuses can detect pain and respond to it at 10–12 weeks gestational age, and asked the Court to allow the prohibition of "inhumane procedures". The petition also contended that the viability standard inadequately addresses the protection of potential human life. Mississippi considered this a State interest from the "onset of the pregnancy" onward. A response brief, which focused on two questions asked in opposition to the petition, was filed by Hillary Schneller from the Center for Reproductive Rights on behalf of
Jackson Women's Health Organization Jackson Women's Health Organization (abbreviated JWHO and commonly known as the Pink House) was an abortion clinic located in a bright pink building in Jackson, Mississippi's Fondren neighborhood. It was the only abortion clinic in Mississippi s ...
(JWHO). JWHO asked the Court to deny Mississippi's petition due to judicial precedent. The brief said that both the District Court and the Fifth Circuit found the Mississippi law unconstitutional by properly applying precedent in a manner that did not conflict with other courts' decisions, and argued that there was therefore nothing about the case that "warrants this Court's intervention". The brief also argued that Mississippi was misinterpreting its role in abortion regulation. While the state thought that its interest was greater than the individual right to abortion, JWHO argued that Mississippi's vested interest in regulating abortion was insufficient to ban it before viability, making the Gestational Age Act "unconstitutional by any measure". The petition went through review at more than a dozen conferences for the Court, which is unusual for most cases. The Court granted the petition for a writ of ''
certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...
'' on May 17, 2021, limiting the Court's review to a single question, "Whether all pre-viability prohibitions on elective abortions are unconstitutional." Over 140 ''
amici curiae An ''amicus curiae'' (; ) is an individual or organization who is not a party to a legal case, but who is permitted to assist a court by offering information, expertise, or insight that has a bearing on the issues in the case. The decision on ...
'' briefs were submitted before oral argument in ''Dobbs'', approaching the record set by '' Obergefell v. Hodges'', in part to separate and concurrent lawsuits filed over the
Texas Heartbeat Act The Texas Heartbeat Act, Senate Bill 8 (SB 8), is an act of the Texas Legislature that bans abortion after the detection of embryonic or fetal cardiac activity, which normally occurs after about six weeks of pregnancy. The law took effect ...
, which effectively gave citizens of the state the means to enforce abortion bans through civil suits.


Oral argument

The case was heard on December 1, 2021. During the oral arguments, Mississippi was represented by Scott G. Stewart, a state solicitor general, and argued that the U.S. Constitution does not directly guarantee a right to abortion. Because of this, he said that laws about abortion should be evaluated on a
rational basis review In U.S. constitutional law, rational basis review is the normal standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendme ...
instead of the higher level of scrutiny required by the undue burden standard. Stewart also argued for overturning ''Roe'' and ''Casey'' on the basis that the decisions were unworkable and that new facts had come to light since they were made. He argued that scientific knowledge had grown about "what we know the child is doing and looks like", and claimed that we now know that fetuses are "fully human" even "very early" in gestation. Stewart also defended Mississippi's claim in its briefs that new medical advances with viability were at odds with past assumptions made when formulating the viability line, and claimed that the understanding of when fetuses begin to feel pain had grown. He maintained that because of ''Roe'' and ''Casey'', the government could not respond to these facts by prohibiting pre-viability abortions. JWHO, represented by Julie Rikelman (who argued the last abortion case before the Court, '' June Medical Services, LLC v. Russo''), argued that the Court should not overrule the two decisions, because the viability standard was correct. According to Rikelman, Mississippi's arguments against ''Roe'' were not new, but instead were similar to the ones Pennsylvania made during ''Casey''. Since ''Roe''s essential holding was upheld for ''Casey'', she said that the Court should do the same here, since there had been no new changes in the laws and facts since then that could justify changing the Court's position. Rikelman argued that Mississippi's argument against using the undue burden standard was wrong because the standard actually specifically applies to post-viability abortion regulations rather than to the prohibition of abortions before viability. She told the Court that the undue burden standard was workable and that the viability line incorporated into the standard was likewise workable. She said that for 50 years the viability line had been clearly and consistently applied in the courts. Elizabeth Barchas Prelogar, the U.S. Solicitor General, argued that ''Roe'' and ''Casey'' should not be overruled. She argued that there has been a substantial reliance on the right to abortion by both individuals and society, and that the Court "has never revoked a right that is so fundamental to so many Americans and so central to their ability to participate fully and equally in society." Based on their analysis of the questioning, Court observers said that its six conservative members were likely to uphold Mississippi's law. Chief Justice
John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. Roberts has authored the majority opinion in several landmark cases, including '' Nat ...
appeared to suggest that viability was not relevant to the holdings of either ''Roe'' or ''Casey'', and that only a fair choice or opportunity to seek an abortion was constitutionally protected. The other conservative justices appeared to be ready to overturn ''Roe'' and ''Casey''.


Leaked draft opinion

On May 2, 2022, ''
Politico ''Politico'' (stylized in all caps), known originally as ''The Politico'', is an American, German-owned political journalism newspaper company based in Arlington County, Virginia, that covers politics and policy in the United States and intern ...
'' released a draft of a majority opinion by Justice
Samuel Alito Samuel Anthony Alito Jr. ( ; born April 1, 1950) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George W. Bush on October 31, 2005, and has serve ...
circulated among the justices in February 2022. Alito's draft called the ''Roe'' decision "egregiously wrong from the start", arguing that abortion is not listed in the Constitution as a protected right, and instead allowed states to legislate abortion restrictions or guarantees under the Tenth Amendment to the U.S. Constitution. A ''
New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' article compared the sources Alito cited in the draft with information provided by historians and shed some light on the history of abortion in the United States. Sources told ''Politico'' that Justices Thomas, Gorsuch, Kavanaugh, and Barrett had voted in conference with Alito in December and their positions had remained unchanged as of May 2022, though it was unclear whether they agreed with Alito's draft, as no other drafts in concurrence or dissent had yet been circulated. According to CNN, Chief Justice Roberts voted to uphold the Gestational Age Act but "did not want to completely overturn ''Roe v. Wade''". ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large n ...
'' reported from court sources that Roberts had been working since December 2021 on his own opinion, which would uphold ''Roe'' while narrowly allowing the Mississippi law to take effect. He had been trying to convince conservative justices in the then tentative majority to join his more moderate opinion, but the leak doomed that effort, according to sources familiar with communications between the justices. The Supreme Court confirmed the draft's authenticity the next day; at the same time, the Supreme Court's press release said that "it does not represent a decision by the Court or the final position of any member on the issues in the case". Roberts said that he had directed the
Marshal of the United States Supreme Court The Marshal of the United States Supreme Court heads the United States Supreme Court Police, a security police service answerable to the court itself rather than to the president or attorney general. They handle security for the Supreme Cour ...
, Gail A. Curley, to investigate the news leak and that "to the extent this betrayal of the confidences of the Court was to undermine the integrity of our operations, it will not succeed."' The leak probe is in progress, and CNN reported on May 31 that law clerks were asked to provide private cell phone records and sign affidavits. The unprecedented move has alarmed some clerks into exploring whether to hire independent counsel. In response to the leak, Roberts said, "The work of the Court will not be affected in any way." At an Eleventh Circuit judicial conference, he called the leak "absolutely appalling" and said that "one bad apple" should not change "people's perception" of the Supreme Court; Thomas commented that the Court should not be "bullied" into delivering preferred outcomes and repeated his criticisms of ''stare decisis.'' He later added that the leak was an "unthinkable breach of trust" that "fundamentally" changed the Court. Leaks about Supreme Court deliberations in a pending case are rare, and a leak of a draft decision is unprecedented. There is uncertainty about whether the leak violated federal laws, and experts differ as to whether the U.S. Department of Justice is likely to pursue criminal charges.


Reactions

Within hours of the news of the leak, both pro-abortion rights protesters and anti-abortion counterprotesters gathered outside the Supreme Court building in Washington, D.C., and elsewhere in the U.S. The response to the draft put unusual public pressure on the Court as it made its decision in the case. While over 450 large-scale marches and protests organized by
Planned Parenthood The Planned Parenthood Federation of America, Inc. (PPFA), or simply Planned Parenthood, is a nonprofit organization that provides reproductive health care in the United States and globally. It is a tax-exempt corporation under Internal Reve ...
, Women's March, and other groups under the name "Bans Off Our Bodies" were planned for 2022, the organizers pushed the event up to May 14, 2022, after the opinion leaked. The organizers said, "Folks are mobilizing because they see that the hour is later than we thought", and that the event would lead off a "summer of rage" if ''Roe'' and ''Casey'' were overturned. A leaked
Department of Homeland Security The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior or home ministries of other countries. Its stated missions involve anti-ter ...
(DHS) memo indicated that DHS was preparing for a surge of political violence on public officials, clergy, and abortion providers after the ruling. A DHS bulletin warned that the leak had spawned further violence in the summer before the 2022 midterms. A number of isolated attacks on
crisis pregnancy center A crisis pregnancy center (CPC), sometimes called a pregnancy resource center (PRC) or a pro-life pregnancy center, is a type of nonprofit organization established by anti-abortion groups primarily to persuade pregnant women against having an a ...
s were reported in May and June 2022 after the leak. Nonviolent protests were held outside some of the justices' homes, leading the U.S. Senate to unanimously pass a bill that would expand protections for the justices and their families. The bill stalled in the U.S. House of Representatives before being passed on June 14 and signed into law by President Joe Biden on June 16. Republicans have argued that those protests violate a 1950 federal law () that criminalizes attempting to influence a judge in the course of their official duties by demonstrating near their residence. A man from California was arrested for attempted murder regarding an alleged assassination plot targeting Kavanaugh near his home over the leak and a pending decision in a gun control case, '' New York State Rifle & Pistol Association, Inc. v. Bruen''. Protests continued outside the homes of some of the justices after the final decision, leading the Supreme Court marshall Gail Curley to ask officials in the District of Columbia, Maryland, and Virginia to take steps to remove the protesters under state and local laws. The leak elicited outrage from high-ranking members of both major political parties, Democrats for the content of the draft, and Republicans out of concern for how the leak occurred. The leak renewed calls from Democrats, including Biden and pro-abortion rights activists, for the Senate to pass the Women's Health Protection Act, which had already passed the House of Representatives, to codify the rights established by ''Roe'' and ''Casey'' before ''Dobbs'' was decided and supersede the
Religious Freedom Restoration Act The Religious Freedom Restoration Act of 1993, Pub. L. No. 103-141, 107 Stat. 1488 (November 16, 1993), codified at through (also known as RFRA, pronounced "rifra"), is a 1993 United States federal law that "ensures that interests in religiou ...
. It failed to pass in the Senate on May 11, after a 49–51 vote primarily along party lines. Biden denounced the draft opinion as "radical" and said that
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
and
birth control Birth control, also known as contraception, anticonception, and fertility control, is the use of methods or devices to prevent unwanted pregnancy. Birth control has been used since ancient times, but effective and safe methods of birth contr ...
were also at risk. Republicans immediately condemned the leak and called on the Supreme Court and Department of Justice, including the FBI, to launch an investigation. Twenty-two members of Congress signed a letter asking the U.S. Attorney General and
FBI director The Director of the Federal Bureau of Investigation is the head of the Federal Bureau of Investigation, a United States' federal law enforcement agency, and is responsible for its day-to-day operations. The FBI Director is appointed for a single ...
to investigate. House Republican leadership issued a joint statement that called the leak "a clearly coordinated campaign to intimidate and obstruct the Justices". In May 2022, the
Marquette University Law School Marquette University Law School is the professional graduate law school of Marquette University in Milwaukee, Wisconsin. It is one of two law schools in Wisconsin and the only private law school in the state. Founded in 1892 as the Milwaukee Law ...
released a poll showing a drastic change of public opinion of the Supreme Court. In March 2022, when the survey was last conducted, 54% of respondents said they approved of the nine justices and 45% said they disapproved. In the newest survey, only 44% of respondents reported approval. In June 2022, a
Gallup poll Gallup, Inc. is an American analytics and advisory company based in Washington, D.C. Founded by George Gallup in 1935, the company became known for its public opinion polls conducted worldwide. Starting in the 1980s, Gallup transitioned its ...
showed confidence in the Supreme Court at 25%, down from 36% in 2021, and the lowest in 50 years. A November 2022 ''New York Times'' article investigated a possible earlier leak from the Supreme Court a few weeks before the 2014 decision '' Burwell v. Hobby Lobby Stores, Inc.'', a landmark case that allowed religious organizations to exempt themselves from having to pay for insurance-based contraceptives for their employees. The report was based on information from Rob Schenck, who said that after having dinner with Alito, he was told of the pending decision by a third party, allowing him to prepare Hobby Lobby and other religious groups when the decision was announced. Before talking to the ''Times'' about it, Schenck wrote to Chief Justice Roberts after the ''Dobbs'' leak was revealed to share what he knew of it. Alito denied having leaked the decision. The report of this earlier leak led members of the House and Senate Judiciary Committees to consider an investigation into both leaks. In a letter responding to an inquiry from Senator
Sheldon Whitehouse Sheldon Whitehouse (born October 20, 1955) is an American lawyer and politician serving as the junior United States senator from Rhode Island since 2007. A member of the Democratic Party, he served as a United States Attorney from 1993 to 1998 ...
and Representative
Hank Johnson Henry Calvin Johnson Jr. (born October 2, 1954) is an American lawyer and politician serving as the U.S. representative for since 2007. He is a member of the Democratic Party. The district is anchored in Atlanta's inner eastern suburbs, includ ...
, the Supreme Court's legal counsel defended Alito, writing, "There is nothing to suggest that Justice Alito's actions violated ethical standards."


Opinions


Majority opinion

The Court issued its decision on June 24, 2022. In a 6–3 judgment, the Court reversed the Fifth Circuit's decision and remanded the case for further review. The majority opinion, joined by five of the justices, held that abortion was not a protected right under the Constitution, overturning both ''Roe'' and ''Casey'', and returned the decision regarding abortion regulations back to the states. As a result, ''Dobbs'' is considered a
landmark decision Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly ...
of the Court. The majority decision was written by Justice
Samuel Alito Samuel Anthony Alito Jr. ( ; born April 1, 1950) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George W. Bush on October 31, 2005, and has serve ...
and joined by Justices
Clarence Thomas Clarence Thomas (born June 23, 1948) is an American jurist who serves as an associate justice of the Supreme Court of the United States. He was nominated by President George H. W. Bush to succeed Thurgood Marshall and has served since 1 ...
,
Neil Gorsuch Neil McGill Gorsuch ( ; born August 29, 1967) is an American lawyer and judge who serves as an associate justice of the Supreme Court of the United States. He was nominated by President Donald Trump on January 31, 2017, and has served since ...
,
Brett Kavanaugh Brett Michael Kavanaugh ( ; born February 12, 1965) is an American lawyer and jurist serving as an associate justice of the Supreme Court of the United States. He was nominated by President Donald Trump on July 9, 2018, and has served since O ...
, and
Amy Coney Barrett Amy Vivian Coney Barrett (born January 28, 1972) is an associate justice of the Supreme Court of the United States. The fifth woman to serve on the court, she was nominated by President Donald Trump and has served since October 27, 2020. ...
. The final majority decision was substantially similar to the leaked draft, with only minor changes in the original arguments and rebuttals to Justices
Stephen Breyer Stephen Gerald Breyer ( ; born August 15, 1938) is a retired American lawyer and jurist who served as an associate justice of the U.S. Supreme Court from 1994 until his retirement in 2022. He was nominated by President Bill Clinton, and rep ...
's,
Elena Kagan Elena Kagan ( ; born April 28, 1960) is an American lawyer who serves as an Associate Justice of the Supreme Court of the United States, associate justice of the Supreme Court of the United States. She was Elena Kagan Supreme Court nomination ...
's, and
Sonia Sotomayor Sonia Maria Sotomayor (, ; born June 25, 1954) is an American lawyer and jurist who serves as an associate justice of the Supreme Court of the United States. She was nominated by President Barack Obama on May 26, 2009, and has served since ...
's dissenting opinion and
John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. Roberts has authored the majority opinion in several landmark cases, including '' Nat ...
's concurrence in judgment. In the introductory statement, Alito, writing for the majority, summarized a constitutional historical view of abortion rights, saying, "The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision." Alito based his argument on the criterion from ''
Washington v. Glucksberg ''Washington v. Glucksberg'', 521 U.S. 702 (1997), was a landmark decision of the U.S. Supreme Court, which unanimously held that a right to assisted suicide in the United States was not protected by the Due Process Clause. Background Dr. Harold G ...
'' (1997) that a right must be "deeply rooted" in the nation's history. Alito wrote, "abortion couldn't be constitutionally protected. Until the latter part of the 20th century, such a right was entirely unknown in American law. Indeed, when the Fourteenth Amendment was adopted, three quarters of the States made abortion a crime at all stages of pregnancy." He wrote, "''Roe'' was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, ''Roe'' and ''Casey'' have enflamed debate and deepened division." After briefly describing the background of the case in Part I of the opinion, Alito argued in Part II that the right to an abortion was different from other privacy rights. He wrote, "What sharply distinguishes the abortion right from the rights recognized in the cases on which ''Roe'' and ''Casey'' rely is something that both those decisions acknowledged: Abortion destroys what those decisions call 'potential life' and what the law at issue in this case regards as the life of an 'unborn human being'." In addition to the language from the draft, Alito responded to the dissenting opinion, writing, "The dissent is very candid that it cannot show that a constitutional right to abortion has any foundation, let alone a 'deeply rooted' one, 'in this Nation's history and tradition'. The dissent does not identify any pre-''Roe'' authority that supports such a right—no state constitutional provision or statute, no federal or state judicial precedent, not even a scholarly treatise." In Part III, Alito discussed ''stare decisis''. He also addressed the dissent's concern that ''Dobbs'' would extend to other rights, stating that the extent of the majority opinion on ''Dobbs'' applied only to abortion. In Part IV, Alito shrugged off the concern that the American people would lose respect for the Court. He wrote that the Court "cannot allow our decisions to be affected by any extraneous influences such as concern about the public's reaction to our work." In Part V, Alito further responded to Roberts's concurrence in judgment seeking middle ground, claiming there are "serious problems with this approach" that would only prolong what he described as the turmoil of ''Roe''. Alito argued that by only ruling that Mississippi's 15-week law is constitutional, the Court would have to later decide whether other states' laws with different deadlines for obtaining an abortion were constitutional. Since Roberts did not claim there was a constitutional right to an abortion, the Court rejected any constitutional grounds for upholding a "reasonable opportunity" to obtain an abortion and called Roberts's proposal unconstitutional. In Part VI, Alito wrote that because abortion is not a fundamental right, the lowest standard of review must apply to abortion laws, under which the laws must be sustained if they rationally relate to a legitimate state interest.


Concurrences

Thomas and Kavanaugh wrote separate concurrences. Thomas argued that the Court should go further in future cases, reconsidering other past Supreme Court cases that granted rights based on substantive due process, such as '' Griswold v. Connecticut'' (the right to contraception), '' Obergefell v. Hodges'' (the right to same-sex marriage), and ''
Lawrence v. Texas ''Lawrence v. Texas'', 539 U.S. 558 (2003), is a landmark decision of the U.S. Supreme Court in which the Court ruled that most sanctions of criminal punishment for consensual, adult non- procreative sexual activity (commonly referred to as sod ...
'' (banned laws against private sexual acts). He wrote, "Because any substantive due process decision is 'demonstrably erroneous,' we have a duty to 'correct the error' established in those precedents." Kavanaugh wrote separately, making multiple comments. He stated that it would still be unconstitutional to prohibit a woman from going to another state to seek an abortion under the
right to travel Freedom of movement, mobility rights, or the right to travel is a human rights concept encompassing the right of individuals to travel from place to place within the territory of a country,Jérémiee Gilbert, ''Nomadic Peoples and Human Rights ...
, and that it would be unconstitutional to retroactively punish abortions performed before ''Dobbs'' when they had been protected by ''Roe'' and ''Casey''.


Concurrence in judgment

Writing separately, Roberts concurred in the judgment. He believed the Court should reverse the Fifth Circuit's opinion on the Mississippi law and that "the viability line established by ''Roe'' and ''Casey'' should be discarded." Roberts did not agree with the majority's ruling to overturn ''Roe'' and ''Casey'' in their entirety, finding it "unnecessary to decide the case before us". He suggested a more narrow opinion to justify the constitutionality of Mississippi's law without addressing whether to overturn ''Roe'' and ''Casey''. Roberts also wrote that abortion regulations should "extend far enough to ensure a reasonable opportunity to choose, but need not extend any further." He said that the Court should "leave for another day whether to reject any right to an abortion at all."


Dissent

Breyer, Kagan, and Sotomayor jointly wrote the dissent. In an introductory statement, the three wrote, "The right ''Roe'' and ''Casey'' recognized does not stand alone. To the contrary, the Court has linked it for decades to other settled freedoms involving bodily integrity, familial relationships, and procreation. Most obviously, the right to terminate a pregnancy arose straight out of the right to purchase and use contraception. In turn, those rights led, more recently, to rights of same-sex intimacy and marriage. Either the mass of the majority's opinion is hypocrisy, or additional constitutional rights are under threat. It is one or the other." In Part I of their dissent, the three wrote, "The majority would allow States to ban abortion from conception onward because it does not think forced childbirth at all implicates a woman's rights to equality and freedom. Today's Court, that is, does not think there is anything of constitutional significance attached to a woman's control of her body and the path of her life. A State can force her to bring a pregnancy to term, even at the steepest personal and familial costs." They cited '' New York State Rifle & Pistol Association, Inc. v. Bruen'' ("Historical evidence that long predates atificationmay not illuminate the scope of the right"), and wrote, "Had the pre-''Roe'' liberalization of abortion laws occurred more quickly and more widely in the 20th century, the majority would say (once again) that only the ratifiers' views are germane." Addressing the majority's argument, based on ''Glucksberg'', that a right must be "deeply rooted in the Nation's history", the dissenters reflected on what that approach would have meant for
interracial marriage Interracial marriage is a marriage involving spouses who belong to different races or racialized ethnicities. In the past, such marriages were outlawed in the United States, Nazi Germany and apartheid-era South Africa as miscegenation. In 1 ...
: In response to Alito's claim that their "criteria, at a high level of generality, could license fundamental rights to illicit drug use, prostitution, and the like", they wrote, "that is flat wrong. The Court's precedents about bodily autonomy, sexual and familial relations, and procreation are all interwoven—all part of the fabric of our constitutional law, and because that is so, of our lives. Especially women's lives, where they safeguard a right to self-determination." In response to Kavanaugh's concurrence, they wrote, "His idea is that neutrality lies in giving the abortion issue to the States, where some can go one way and some another. But would he say that the Court is being 'scrupulously neutral' if it allowed New York and California to ban all the guns they want?" In Part II, the three discussed ''stare decisis''. In Part III, they concluded, "With sorrow—for this Court, but more, for the many millions of American women who have today lost a fundamental constitutional protection—we dissent."


Impact


Pre-decision

After the ''Dobbs''
litigation - A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil act ...
began, the
Texas Heartbeat Act The Texas Heartbeat Act, Senate Bill 8 (SB 8), is an act of the Texas Legislature that bans abortion after the detection of embryonic or fetal cardiac activity, which normally occurs after about six weeks of pregnancy. The law took effect ...
was enacted on September 1, 2021. Two lawsuits challenging the law, ''
Whole Woman's Health v. Jackson ''Whole Woman's Health v. Jackson'', 595 U.S. ___ (2021), was a United States Supreme Court case brought by Texas abortion providers and abortion rights advocates that challenged the constitutionality of the Texas Heartbeat Act, a law that outla ...
'' and '' United States v. Texas,'' quickly propagated through the court systems and reached the Supreme Court.
Oral argument Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also a ...
s for both cases were on November 1, 2021, and decisions for both were issued in December 2021. The decisions primarily focused on
standing Standing, also referred to as orthostasis, is a position in which the body is held in an ''erect'' ("orthostatic") position and supported only by the feet. Although seemingly static, the body rocks slightly back and forth from the ankle in the s ...
rather than directly addressing constitutional matters and abortion-related issues; both allowed the Texas Heartbeat Act to remain in force while litigation continued in lower courts. Concern about the Supreme Court's considering three abortion-related cases in the 2021–22 term led to the near record number of ''amici curiae'' briefs filed for ''Dobbs'' before the case was argued on December 1, 2021.
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
had passed Georgia House Bill 481, best known as the Living Infants Fairness Equality (LIFE) Act, in 2019. The law banned most abortions after a fetal heartbeat was detected, about six weeks' time, with multiple exceptions: if the fetus were conceived by rape or incest, if the pregnancy were medically futile, or if the pregnancy threatened the mother's life. The law also revised who is considered a
legal person In law, a legal person is any person or 'thing' (less ambiguously, any legal entity) that can do the things a human person is usually able to do in law – such as enter into contracts, sue and be sued, own property, and so on. The reason f ...
, allowing pregnant women to receive
child support Child support (or child maintenance) is an ongoing, periodic payment made by a parent for the financial benefit of a child (or parent, caregiver, guardian) following the end of a marriage or other similar relationship. Child maintenance is paid d ...
and tax deductions for their offspring before birth. In October 2019, the LIFE Act was challenged, and in July 2020 the U.S. District Court for the Northern District of Georgia deemed it unconstitutional under ''Roe''. Georgia appealed this ruling to the
Eleventh Circuit The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir.) is a federal court with appellate jurisdiction over the following U.S. district courts: * Middle District of Alabama * Northern District of Alabama * ...
, but because ''Dobbs'' was scheduled to be argued in December 2021, the Circuit Court issued a stay of review until after the Supreme Court decided ''Dobbs''. At least 22 states with Republican leadership either passed or were in the process of passing anti-abortion related bills when the Supreme Court agreed to hear ''Dobbs'' in May 2021. Enforcement of most of the new laws was enjoined by courts, but they became enforceable after ''Roe'' was overturned. Thirteen states have trigger laws that ban most abortions in the first and second trimesters if ''Roe'' is overturned. The states with trigger laws are
Arkansas Arkansas ( ) is a landlocked state in the South Central United States. It is bordered by Missouri to the north, Tennessee and Mississippi to the east, Louisiana to the south, and Texas and Oklahoma to the west. Its name is from the O ...
,
Idaho Idaho ( ) is a U.S. state, state in the Pacific Northwest region of the Western United States. To the north, it shares a small portion of the Canada–United States border with the province of British Columbia. It borders the states of Monta ...
,
Kentucky Kentucky ( , ), officially the Commonwealth of Kentucky, is a state in the Southeastern region of the United States and one of the states of the Upper South. It borders Illinois, Indiana, and Ohio to the north; West Virginia and Virginia ...
,
Louisiana Louisiana , group=pronunciation (French: ''La Louisiane'') is a state in the Deep South and South Central regions of the United States. It is the 20th-smallest by area and the 25th most populous of the 50 U.S. states. Louisiana is bord ...
,
Mississippi Mississippi () is a state in the Southeastern region of the United States, bordered to the north by Tennessee; to the east by Alabama; to the south by the Gulf of Mexico; to the southwest by Louisiana; and to the northwest by Arkansas. Miss ...
,
Missouri Missouri is a state in the Midwestern region of the United States. Ranking 21st in land area, it is bordered by eight states (tied for the most with Tennessee): Iowa to the north, Illinois, Kentucky and Tennessee to the east, Arkansas t ...
,
North Dakota North Dakota () is a U.S. state in the Upper Midwest, named after the indigenous Dakota Sioux. North Dakota is bordered by the Canadian provinces of Saskatchewan and Manitoba to the north and by the U.S. states of Minnesota to the east, ...
,
Oklahoma Oklahoma (; Choctaw: ; chr, ᎣᎧᎳᎰᎹ, ''Okalahoma'' ) is a state in the South Central region of the United States, bordered by Texas on the south and west, Kansas on the north, Missouri on the northeast, Arkansas on the east, New ...
,
South Dakota South Dakota (; Sioux: , ) is a U.S. state in the North Central region of the United States. It is also part of the Great Plains. South Dakota is named after the Lakota and Dakota Sioux Native American tribes, who comprise a large po ...
,
Tennessee Tennessee ( , ), officially the State of Tennessee, is a landlocked U.S. state, state in the Southeastern United States, Southeastern region of the United States. Tennessee is the List of U.S. states and territories by area, 36th-largest by ...
,
Texas Texas (, ; Spanish: ''Texas'', ''Tejas'') is a state in the South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2020, it is the second-largest U.S. state by ...
,
Utah Utah ( , ) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to its ...
, and
Wyoming Wyoming () is a state in the Mountain West subregion of the Western United States. It is bordered by Montana to the north and northwest, South Dakota and Nebraska to the east, Idaho to the west, Utah to the southwest, and Colorado to t ...
. Nine states, among them
Alabama (We dare defend our rights) , anthem = " Alabama" , image_map = Alabama in United States.svg , seat = Montgomery , LargestCity = Huntsville , LargestCounty = Baldwin County , LargestMetro = Greater Birmingham , area_total_km2 = 135,7 ...
(which also passed the
Human Life Protection Act The Human Life Protection Act, also known as House Bill 314 (HB 314) and the Alabama abortion ban, is an Alabama statute enacted on May 15, 2019, that imposes a near-total ban on abortion in the state. Set to go into effect in November 2019, ...
in 2019),
Arizona Arizona ( ; nv, Hoozdo Hahoodzo ; ood, Alĭ ṣonak ) is a state in the Southwestern United States. It is the 6th largest and the 14th most populous of the 50 states. Its capital and largest city is Phoenix. Arizona is part of the Fou ...
, Arkansas,
Michigan Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and t ...
, Mississippi, Oklahoma, Texas,
West Virginia West Virginia is a state in the Appalachian, Mid-Atlantic and Southeastern regions of the United States.The Census Bureau and the Association of American Geographers classify West Virginia as part of the Southern United States while the ...
, and
Wisconsin Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake M ...
, never repealed their pre-''Roe'' abortion bans, such as the Texas abortion statutes (1961). Those laws were not criminally enforceable due to ''Roe'' but are enforceable with ''Roe'' overturned. At least some Democratic attorneys general or candidates for attorneys general have pledged not to enforce anti-abortion laws and prevent or hinder local prosecutors' efforts to enforce them, whereas at least some Republicans have pledged to enforce new state bans.


Post-decision


State laws restricting abortion

The overturning of ''Roe'' did not make abortion illegal nationwide. Abortion remains legal in most states, but those with trigger laws to restrict abortion with ''Roe'' and ''Casey'' overturned immediately did so. Multiple Republican governors and attorneys general moved to invoke their trigger laws to immediately ban abortion or call special sessions to implement abortion bans. In August 2022, Indiana became the first state to pass an abortion ban law after ''Dobbs''. Some states had older laws that restricted abortion but had been put on hold after ''Roe''; after ''Dobbs'', these states reviewed means to resume enforcement of the laws. Lawsuits challenging pre-''Roe'' and newer laws were filed in multiple states; each argued that privacy provisions in the state's constitution provided abortion rights. In some states where such challenges were under way, injunctions against the laws restricting abortion were issued, including Louisiana and Utah on June 27, 2022. A lower state court placed an injunction on a 1928 pre-''Roe'' ban in Texas on June 28; by July 1, the Texas Supreme Court reversed this order. Legal efforts to block a Wisconsin pre-''Roe'' ban from being enforced were announced on June 28; by June 30, Michigan's state supreme court had yet to react to Governor
Gretchen Whitmer Gretchen Esther Whitmer (born August 23, 1971) is an American lawyer and politician serving as the 49th governor of Michigan since 2019. A member of the Democratic Party, she served in the Michigan House of Representatives from 2001 to 2006 ...
's lawsuit alleging that the state's pre-''Roe'' ban violated the state constitution. Abortion providers in Kentucky, Idaho, Mississippi, and Florida challenged newly passed abortion restrictions in those states; each suit alleged that the law violated provisions of the state's constitution. By June 30, judges had halted the enforcement of the laws in Kentucky and Florida. An Ohio abortion law came under attention in July 2022. The law disallows abortions after embryonic cardiac activity is detectable (approximately six weeks into term), and makes no exceptions for rape or incest. The law passed in 2019 and had been blocked from enforcement by a court injunction, but with ''Dobbs'', the injunction was lifted. A ten-year-old girl who had been raped traveled from Ohio to Indiana to have an abortion, as reported by the ''
Indianapolis Star Indianapolis (), colloquially known as Indy, is the state capital and most populous city of the U.S. state of Indiana and the seat of Marion County. According to the U.S. Census Bureau, the consolidated population of Indianapolis and Marion ...
'' on July 1; her rapist was arrested by July 13. Before this arrest was made public, right-leaning politicians and media sources called the story a hoax; Ohio's attorney general
Dave Yost David Anthony Yost (born December 22, 1956) is an American politician, Republican, and lawyer who currently serves as the 51st Attorney General of Ohio. Education and career Yost graduated from Ohio State University with a Bachelor of Arts d ...
said, "Every day that goes by, the more likely that this is a fabrication." After news of the arrest validated the ''Star'' story, these sources did not apologize for claiming the story was a hoax. Jim Bopp, the general counsel for the
National Right to Life Committee The National Right to Life Committee (NRLC) is the oldest and largest national anti-abortion organization in the United States with affiliates in all 50 states and more than 3,000 local chapters nationwide. Since the 1980s, NRLC has influen ...
, said in an interview that the girl should have been forced to bear the child, and that "She would have had the baby, and as many women who have had babies as a result of rape, we would hope that she would understand the reason and ultimately the benefit of having the child." Bopp's comment led to ire from several left-leaning politicians and media sources, deriding ''Dobbs'' and the stance taken by the right.


=EMTALA and federal preemption

= Several states adopted, or began to enforce, laws that banned abortion without exceptions. But the
U.S. Department of Health and Human Services The United States Department of Health and Human Services (HHS) is a cabinet-level executive branch department of the U.S. federal government created to protect the health of all Americans and providing essential human services. Its motto is " ...
(HHS) issued guidance after ''Dobbs'' stating that even in these states, abortions are still allowed if a physician determines that the pregnant woman's life is at risk, under the federal
Emergency Medical Treatment and Active Labor Act The Emergency Medical Treatment and Active Labor Act (EMTALA) is an act of the United States Congress, passed in 1986 as part of the Consolidated Omnibus Budget Reconciliation Act (COBRA). It requires hospital emergency departments that accept paym ...
(EMTALA), which requires hospitals receiving Medicare funding to provide emergency stabilizing medical treatment. As a federal law, EMTALA preempts inconsistent state law. The HHS guidance said: "If a physician believes that a pregnant patient presenting at an
emergency department An emergency department (ED), also known as an accident and emergency department (A&E), emergency room (ER), emergency ward (EW) or casualty department, is a medical treatment facility specializing in emergency medicine, the acute care of pati ...
is experiencing an emergency medical condition as defined by EMTALA, and that abortion is the stabilizing treatment necessary to resolve that condition, the physician must provide that treatment. When a state law prohibits abortion and does not include an exception for the life of the pregnant person—or draws the exception more narrowly than EMTALA's emergency medical condition definition—that state law is preempted." The U.S. Department of Justice sued Idaho, arguing that EMTALA preempts Idaho's law making it a criminal offense to perform any abortion, without exception.High-Stakes Abortion Lawsuits Force Clash on Emergency Care Law
Bloomberg Law (August 4, 2022).
A district judge granted a preliminary injunction blocking Idaho's abortion ban "to the extent that he banconflicts with EMTALA-mandated care." Conversely, Texas responded to the HHS guidance by suing the Biden administration. In August 2022, a district judge in the Eastern District of Texas blocked HHS from applying the guidance. The White House criticized the ruling, and the Justice Department is appealing the ruling to the Fifth Circuit. After ''Dobbs'', the
Department of Veterans Affairs The United States Department of Veterans Affairs (VA) is a Cabinet-level executive branch department of the federal government charged with providing life-long healthcare services to eligible military veterans at the 170 VA medical centers an ...
continued its policy of offering abortion counseling to military veterans (as well as abortions to pregnant military veterans if the veteran's life is in danger and in cases of rape or incest), even in states where abortion is banned as a matter of state law. Beneficiaries of the VA's Civilian Health and Medical Program (CHAMPVA) are also entitled to the same services.


State laws expanding abortion access

In response to ''Dobbs'', several states allowing abortion considered or adopted legislation expanding abortion access. Proposals by California, Oregon, and Washington state have included expanding abortion access by eliminating co-pays for abortion services, funding travel costs for those seeking abortion from states that ban abortion, and adding the right to an abortion to state constitutions. In early 2022, while ''Dobbs'' was pending, the
Vermont Legislature The Vermont General Assembly is the legislative body of the state of Vermont, in the United States. The Legislature is formally known as the "General Assembly," but the style of "Legislature" is commonly used, including by the body itself. The Ge ...
had already approved sending Proposal 5 to the referendum ballot in November 2022, which would amend the state's constitution "to guarantee sexual and reproductive freedoms" (including the
right to abortion Abortion-rights movements, also referred to as Pro-choice (term), pro-choice movements, advocate for the right to have Abortion law, legal access to induced abortion services including elective abortion. They seek to represent and support wome ...
). In the November 2022 election, Vermont voters overwhelmingly approved the reproductive-rights amendment to the state constitution.Hannah Getahun
Results: Vermont overwhelmingly votes to protect reproductive autonomy, including abortion
''Business Insider'' (November 17, 2022).
Also in the November 2022 election, abortion-rights referendums were passed by voters by broad margins in California ( Proposition 1) and Michigan ( Proposal 3). In the hours after ''Dobbs'' was issued, Massachusetts Governor
Charlie Baker Charles Duane Baker Jr. (born November 13, 1956) is an American politician and businessman serving as the 72nd governor of Massachusetts since 2015. A member of the Republican Party, Baker was a cabinet official under two governors of Massach ...
issued an executive order with several measures to protect abortion access in Massachusetts. The Massachusetts Legislature subsequently passed a reproductive rights package that codified many of the provisions in the executive order, and was the outcome of compromise discussions among the legislature. Baker signed the bill, which passed the
House A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air cond ...
137-16 and the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
16–1. Among other things, the Massachusetts law strengthens an existing requirement that health insurers cover abortion services and shields Massachusetts patients and providers from penalties from states with more restrictive abortion laws; for example, it prohibits the state from extraditing to another state any person charged with offenses that would be legal under Massachusetts law, and protects abortion providers from lawsuits based on extraterritorial jurisdiction.


Congressional proposals

Following ''Dobbs'', Congress has introduced bills related to abortion rights. House Democrats passed two bills on July 15 to enhance abortion rights. The first, the Women's Health Protection Act of 2022, would prevent states from restricting abortions before fetal viability and prevent states from blocking access to abortion services. The second, the Ensuring Access to Abortion Act of 2022, would prevent states from blocking travel to other states to obtain abortions and support. Both bills passed primarily on party lines, and are expected to have difficulty passing the Senate. Some House Republicans have proposed a nationwide 15-week abortion ban, while over 100 have signed onto a
six-week abortion ban A six-week abortion ban or early abortion ban, called a "heartbeat bill" or "fetal heartbeat bill" by proponents, is a form of abortion restriction legislation in the United States. These bans make abortion illegal as early as six weeks gestatio ...
. Top House Republicans have been reported to be wary of such plans, instead favoring a nationwide ban on late-term abortions only. Due to concerns based on Thomas's concurrence, in July 2022 the House passed bills aimed to protect rights that Thomas had mentioned, including the right to same-sex and interracial marriages via the
Respect for Marriage Act The Respect for Marriage Act (RFMA; ) is a landmark United States federal law passed by the 117th United States Congress and signed into law by President Joe Biden. It repeals the Defense of Marriage Act (DOMA), requires the U.S. federal gover ...
, and access to contraceptives. The Senate passed the Respect for Marriage Act with amendments for exempting religious-based organizations, which the House passed in December and Biden signed into law on December 13, 2022.


Executive action by President Biden

After the decision, President Biden said there was a need to protect abortion rights, but said he would not support an
executive order In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of t ...
to mandate them or eliminating the Senate's filibuster to allow Democrats to pass federal abortion protections. Instead, on July 8, 2022, Biden issued Executive Order 14076, "Executive Order on Protecting Access to Reproductive Healthcare Services", which instructed the
Department of Health and Human Services The United States Department of Health and Human Services (HHS) is a cabinet-level executive branch department of the U.S. federal government created to protect the health of all Americans and providing essential human services. Its motto is ...
(HHS) to review and find ways to assure access to "the full range of reproductive health services", including "emergency contraception and long-acting reversible contraception like intrauterine devices (IUDs)", within the birth control coverage of the
Affordable Care Act The Affordable Care Act (ACA), formally known as the Patient Protection and Affordable Care Act and colloquially known as Obamacare, is a landmark U.S. federal statute enacted by the 111th United States Congress and signed into law by Pres ...
. The executive order also instructed HHS to evaluate ways to provide "technical assistance to states affording legal protection to out-of-state patients as well as providers who offer legal reproductive health care". On August 3, 2022, Biden issued another executive order aimed at protecting women seeking abortions in other states.


Medical abortion and other processes

The Court's decision also sparked concern over access to
medication abortion A medical abortion, also known as medication abortion, occurs when drugs (medication) are used to bring about an abortion. Medical abortions are an alternative to surgical abortions such as vacuum aspiration or dilation and curettage. Medical ...
options, including the prescription of
mifepristone Mifepristone, also known as RU-486, is a medication typically used in combination with misoprostol to bring about a medical abortion during pregnancy and manage early miscarriage. This combination is 97% effective during the first 63 days of ...
and
misoprostol Misoprostol is a synthetic prostaglandin medication used to prevent and treat stomach and duodenal ulcers, induce labor, cause an abortion, and treat postpartum bleeding due to poor contraction of the uterus. Misoprostol is taken by mouth w ...
. These medications have been approved for use by the
United States Food and Drug Administration The United States Food and Drug Administration (FDA or US FDA) is a federal agency of the Department of Health and Human Services. The FDA is responsible for protecting and promoting public health through the control and supervision of food s ...
(FDA) within the first ten weeks of pregnancy.
Secretary of Health and Human Services The United States secretary of health and human services is the head of the United States Department of Health and Human Services, and serves as the principal advisor to the president of the United States on all health matters. The secretary is ...
Xavier Becerra Xavier Becerra ( ; ; born January 26, 1958) is an American lawyer and politician serving as the 25th United States secretary of health and human services since March 2021. Becerra previously served as the attorney general of California from Ja ...
asserted that after the ''Dobbs'' decision, "We stand unwavering in our commitment to ensure every American has access to health care and the ability to make decisions about health care—including the right to safe and legal abortion, such as medication abortion that has been approved by the FDA for over 20 years." Despite the federal stance, states opposed to abortion were considering laws to ban access to medical abortion, including out-of-state shipments in the U.S. mail and telemedicine support. Some states seeking to block medical abortion options are also considering censoring information about this option to residents, leading to potential First Amendment legal battles. Whether such state bans are legal under the
Supremacy Clause The Supremacy Clause of the Constitution of the United States ( Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the "supreme Law of the Land", and thu ...
, where federal law overrules conflicting state law, is unknown, as there is little case law to establish the strength of the FDA over state interests. States that support abortion rights expected an influx of requests for medical abortion. Doctors and prescribers saw increased demand for contraception after both the leak and the ruling, including emergency and long-lasting after the latter. Some national pharmacy chains imposed limits on purchases. Other Americans have been denied refills of medical prescriptions for
methotrexate Methotrexate (MTX), formerly known as amethopterin, is a chemotherapy agent and immune-system suppressant. It is used to treat cancer, autoimmune diseases, and ectopic pregnancies. Types of cancers it is used for include breast cancer, leuke ...
, a form of chemotherapy taken long term for many
autoimmune disease An autoimmune disease is a condition arising from an abnormal immune response to a functioning body part. At least 80 types of autoimmune diseases have been identified, with some evidence suggesting that there may be more than 100 types. Nearly a ...
s, as it is considered an abortifacient. Doctors throughout the U.S. reported an increase in requests for vasectomies. A Florida doctor said requests have doubled since the ruling with a prominent and continuous increase since June 24. Many of the men said they had previously considered a vasectomy but the ruling had been the tipping point.


Privacy rights

Privacy rights related to data tracking through Internet usage, mobile phone usage, and mobile applications have been raised after the leak and subsequently after the decision. States with strict abortion laws could use this information to determine if women were seeking to have abortions. In addition to users taking steps to minimize their data footprint, groups like the
Electronic Frontier Foundation The Electronic Frontier Foundation (EFF) is an international non-profit digital rights group based in San Francisco, California. The foundation was formed on 10 July 1990 by John Gilmore, John Perry Barlow and Mitch Kapor to promote Internet ...
urged companies that make these apps to take steps to reduce the amount of data they collect and use end-to-end encryption to further aid those seeking abortions outside of states that have banned them. House Speaker
Nancy Pelosi Nancy Patricia Pelosi (; ; born March 26, 1940) is an American politician who has served as Speaker of the United States House of Representatives since 2019 and previously from 2007 to 2011. She has represented in the United States House of ...
said Democrats will introduce a bill to set certain requirements for
reproductive health Sexual and reproductive health (SRH) is a field of research, healthcare, and social activism that explores the health of an individual's reproductive system and sexual wellbeing during all stages of their life. The term can also be further de ...
apps such as Flo. She said the legislation would aim to prevent data these apps collect from identifying women seeking abortions. Google announced it would delete location history data after users visit "medical facilities", including abortion clinics, counseling centers, and domestic violence shelters. The company also stated that it would introduce a way to mass-delete period data for Fitbit users.


2022 United States election season

''Dobbs'' made abortion rights a major issue in the November
2022 United States elections The 2022 United States elections were held on November 8, 2022, with the exception of absentee balloting. During this U.S. midterm election, which occurred during the first term of incumbent president Joe Biden of the Democratic Party, all 4 ...
. Democrats, who generally support abortion rights, used the issue to try to offset the
2021–2022 inflation surge The 2021–2022 inflation surge is the higher-than-average economic inflation throughout much of the world that began in early 2021. It has been attributed to the 2021 global supply chain crisis caused by the COVID-19 pandemic, and unexpecte ...
and Biden's lower approval rating when ''Dobbs'' was announced. Republicans, who were seeking to retake seats in both the House and Senate and gain several state governor and legislature positions but face tight races, had some concern that the negative reaction to ''Dobbs'' could work against them. They hoped that by November there will be more focus on the economy and other issues on which they expect to win. According to analyst firm AdImpact, by September 2022, Democrats had spent on political advertising that highlighted abortion rights, while Republicans had spent only on abortion-related ads, instead focusing on other issues. At least six states had an abortion-related ballot initiative in response to ''Dobbs'', the most ever in a single year. The first test came with Kansas's referendum on August 2, 2022. The state's Value Them Both constitutional amendment was approved for public vote about a year before ''Dobbs'' was decided. It would have removed Kansas's constitutional protections for abortion, allowing the legislature to enact more restrictions on the procedure. In the wake of ''Dobbs'', voter registration in Kansas surged, particularly among Democratic and female voters. Almost 60% of voters voted against the amendment. The backlash to the decision resulted in a boost in polling and performance for Democrats in special congressional races. According to election analysis site ''
FiveThirtyEight ''FiveThirtyEight'', sometimes rendered as ''538'', is an American website that focuses on opinion poll analysis, politics, economics, and sports blogging in the United States. The website, which takes its name from the number of electors in th ...
'', by August 2022 the impact of ''Dobbs'' led to an unusual swing in favor of Democrats ahead of the general election by nine points. The results of the midterm elections showed a significant impact of ''Dobbs'', with voters supporting abortion rights helping Democrats retain control of the Senate as well as to support state-level changes to support abortion rights in five states.


Legal analysis

Alito's final opinion mirrored points made in the leaked draft, evaluating abortion from a historical standpoint and arguing that the Fourteenth Amendment covers only those rights that were "deeply rooted" at the time of its ratification in 1869, which did not include abortion. He referenced
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
as far back as 17th-century English law, which had established that abortion was illegal after
quickening In pregnancy terms, quickening is the moment in pregnancy when the pregnant woman starts to feel the fetus' movement in the uterus. Medical facts The first natural sensation of quickening may feel like a light tapping or fluttering. These sensat ...
, the point when fetal movements are detectable, about 16 to 22 weeks of gestation. Alito subsequently pointed to a wave of laws introduced in the U.S. in the 19th century that outlawed pre-quickening abortions, and claimed "abortion couldn't be constitutionally protected. Until the latter part of the 20th century, such a right was entirely unknown in American law. When the Fourteenth Amendment was adopted, three quarters of the States made abortion a crime at all stages of pregnancy." Some historians say that Alito's view skews the history of abortion in the U.S. and creates a flawed basis for overturning ''Roe''. Patricia Cline Cohen, a professor emeritus at the University of California, Santa Barbara, said that these laws had come about not because society saw abortion as a crime, but from a small group of white male doctors from Boston who had taken it upon themselves to prove to the rest of the county that pre-quickening abortion should be seen as a crime. The doctors used flawed math to convince the
American Medical Association The American Medical Association (AMA) is a professional association and lobbying group of physicians and medical students. Founded in 1847, it is headquartered in Chicago, Illinois. Membership was approximately 240,000 in 2016. The AMA's sta ...
to accept that pre-quickening abortion should also be outlawed, leading to the raft of state laws banning abortion in the latter half of the 19th century. Many legal observers have said the ruling creates an independent legal framework, as it lays out a state's ability to determine independent abortion laws. As many states have rulings prosecuting abortions, even out of state, some have argued that this produces a legal framework in which a U.S. state can act more like a
sovereign country A sovereign state or sovereign country, is a political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defined terri ...
,
prosecuting A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal tr ...
individuals from taking actions outside the state's legal jurisdiction. The enforceability and practicality of such a decision has been criticized. The ruling has been seen in the context of ever-increasing partisanship and political division in the country. The decision raised concerns about similar rights recognized by the Court that are not enumerated in the Constitution according to originalism. According to Thomas's concurrence, the rights to contraceptives and to same-sex marriage could be challenged based on ''Dobbs'', since they were not recognized during the 19th century either. Some legal experts cautioned that Alito's and Thomas's interpretation of the Constitution could harm women, minorities, and other marginalized groups. University of Colorado Boulder Associate Professor of Law Scott Skinner-Thompson said, "The Court has for a long, long time said: Look, if we define liberty only in terms of what was permitted at the time of ratification of the Bill of Rights or the 14th Amendment, then we’re stuck in time. Because in the 18th and 19th centuries, this country was not very free for many, many people—particularly women, particularly people of color." Further, ''Roe'' itself was built on the legal reasoning of the two cases that assured contraceptive availability, '' Griswold v. Connecticut'' and '' Eisenstadt v. Baird'', which held that the Fourteenth Amendment establishes a "zone of personal privacy and autonomy" with which the states cannot interfere, according to Emily Berman, an associate professor at the University of Houston. Berman said that the way Alito had rationalized overturning ''Roe'' could lead to challenges to both ''Griswold'' and ''Eisenstadt'' based on the apparent lack of explicit Fourteenth Amendment coverage. Alabama used the ''Dobbs'' rationale of deeply rooted rights to argue for lifting a federal injunction placed in May 2022 on its law that would ban
sex reassignment therapy Sex reassignment therapy or medical transition is the medical aspect of gender transition, that is, modifying one's sex characteristics to better suit one's gender identity. It can consist of hormone therapy to alter secondary sex characteris ...
for minors that was to go into effect in 2023. Adam Liptak of ''The New York Times'' commented on the frequent mention of '' Brown v. Board of Education'', the Supreme Court case that overturned '' Plessy v. Ferguson'' and required desegregation of public schools. Liptak said that Alito had argued for overturning ''Roe'' and ''Casey'' in the same manner that ''Brown'' argued for overturning ''Plessy''. Liptak said the dissents in ''Dobbs'' stated that the decision was "the majority's method of constitutional construction" in
originalism In the context of United States law, originalism is a theory of constitutional interpretation that asserts that all statements in the Constitution must be interpreted based on the original understanding "at the time it was adopted". This conc ...
, and that the Court "might not ever have overruled ''Plessy'', whether five or 50 or 500 years later" if originalism had been applied to ''Brown''. Some commentators criticized the idea that abortion was not "deeply rooted" in American "history and tradition". Nancy Gertner and John Reinstein pointed out that in earlier centuries, American society was deeply sexist and excluded women from politics, banning contraception to ensure "that women performed their duties as wives and mothers". Molly Farrell argued that abortion techniques were widely known and practiced in colonial America, if poorly documented because illiterate women acted as midwives. She pointed out
Benjamin Franklin Benjamin Franklin ( April 17, 1790) was an American polymath who was active as a writer, scientist, inventor, statesman, diplomat, printer, publisher, and political philosopher. Encyclopædia Britannica, Wood, 2021 Among the leading int ...
, one of the
Founding Fathers of the United States The Founding Fathers of the United States, known simply as the Founding Fathers or Founders, were a group of late-18th-century American revolutionary leaders who united the Thirteen Colonies, oversaw the war for independence from Great Britai ...
, added a how-to section on abortion in a book intended to convey the most basic knowledge all Americans needed.


Reaction


Supreme Court

Alito gave his first public comments on the ruling in a keynote address largely about religious liberty for Notre Dame Law School's Religious Liberty Initiative in Rome. He mocked several foreign leaders for criticizing the decision, particularly U.K. Prime Minister
Boris Johnson Alexander Boris de Pfeffel Johnson (; born 19 June 1964) is a British politician, writer and journalist who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2019 to 2022. He previously served as ...
, whose pending resignation Alito referenced; and
Prince Harry, Duke of Sussex Prince Harry, Duke of Sussex, (Henry Charles Albert David; born 15 September 1984) is a member of the British royal family. He is the younger son of Charles III and his first wife Diana, Princess of Wales. He is fifth in the line of succ ...
, who had compared the decision to the
2022 Russian invasion of Ukraine On 24 February 2022, in a major escalation of the Russo-Ukrainian War, which began in 2014. The invasion has resulted in tens of thousands of deaths on both sides. It has caused Europe's largest refugee crisis since World War II. A ...
.


Political


Support

Those aligned with the
United States anti-abortion movement The United States anti-abortion movement (also called the pro-life movement or right-to-life movement) contains elements opposing induced abortion on both moral and religious grounds and supports its legal prohibition or restriction. Advocates ...
celebrated ''Dobbs'', including the
National Right to Life Committee The National Right to Life Committee (NRLC) is the oldest and largest national anti-abortion organization in the United States with affiliates in all 50 states and more than 3,000 local chapters nationwide. Since the 1980s, NRLC has influen ...
, other anti-abortion activists, Republican Senate Minority Leader
Mitch McConnell Addison Mitchell McConnell III (born February 20, 1942) is an American politician and retired attorney serving as the senior United States senator from Kentucky and the Senate minority leader since 2021. Currently in his seventh term, McCon ...
, and many other congressional Republicans. After former president Barack Obama criticized the Court for overruling the longstanding precedent of ''Roe v. Wade'', Senator
John Cornyn John Cornyn III ( ; born February 2, 1952) is an American politician and attorney serving as the senior United States senator from Texas, a seat he has held since 2002. A member of the Republican Party, he served as the Senate majority whip for ...
tweeted, "Now do '' Plessy vs Ferguson''/''
Brown vs Board of Education ''Brown v. Board of Education of Topeka'', 347 U.S. 483 (1954), was a landmark decision by the U.S. Supreme Court, which ruled that U.S. state laws establishing racial segregation in public schools are unconstitutional, even if the segrega ...
''", alluding to the fact that the latter Supreme Court decision had largely overruled the former, a then-58-year-old precedent that
racial segregation Racial segregation is the systematic separation of people into racial or other ethnic groups in daily life. Racial segregation can amount to the international crime of apartheid and a crime against humanity under the Statute of the Intern ...
was constitutional. In a statement, former president
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of P ...
took credit for the decision and called it "the biggest WIN for LIFE in a generation", although in private Trump was allegedly more ambivalent about overturning ''Roe'', speculating that it might be "bad for Republicans" by leading to backlash among suburban female voters in the upcoming
midterm elections Apart from general elections and by-elections, midterm election refers to a type of election where the people can elect their representatives and other subnational officeholders (e.g. governor, members of local council) in the middle of the te ...
. Former vice president
Mike Pence Michael Richard Pence (born June 7, 1959) is an American politician who served as the 48th vice president of the United States from 2017 to 2021 under President Donald Trump. A member of the Republican Party, he previously served as the 50th ...
also applauded the decision, saying that "life won", and called for a national ban on abortion. Republican Florida Governor
Ron DeSantis Ronald Dion DeSantis (; born September 14, 1978) is an American politician serving as the 46th governor of Florida since January 2019. A member of the Republican Party, DeSantis represented Florida's 6th district in the U.S. House of Repres ...
said, "By properly interpreting the Constitution, the Supreme Court has answered the prayers of millions upon millions of Americans," adding that he would work to further restrict abortion in Florida. A new law in Florida, currently under review by state courts, would restrict abortions to 15 weeks of pregnancy, without providing exceptions for rape or incest. Republican Florida Senate President
Wilton Simpson Wilton Simpson (born June 28, 1966) is an American politician and Agriculture Commissioner-elect of Florida. From 2012 to 2022, he served as a member of the Florida Senate, representing areas around Citrus, Hernando, and Pasco Counties. He was ...
, who was adopted as a child, argued the Court's decision would promote adoption as an alternative to abortion. Simpson said, "Florida is a state that values life."


Opposition

Conversely, those aligned with the
United States abortion-rights movement The United States abortion-rights movement (also known as the pro-choice movement) is a sociopolitical movement in the United States supporting the view that a woman should have the legal right to an elective abortion, meaning the right to termin ...
opposed the decision, including President Joe Biden, who said, "It's a sad day for the Court and for the country ... the health and life of women in this nation are now at risk"; former president
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party (United States), Democratic Party, Obama was the first Af ...
, who called it an "attack" on "the essential freedoms of millions of Americans"; U.S. Attorney General Merrick Garland, who warned states not to forbid women to seek abortions beyond their borders; U.S. Secretary of Health and Human Services Xavier Becerra, who called the decision "unconscionable" and said that abortion is an essential part of healthcare; Senator
Elizabeth Warren Elizabeth Ann Warren ( née Herring; born June 22, 1949) is an American politician and former law professor who is the senior United States senator from Massachusetts, serving since 2013. A member of the Democratic Party and regarded as ...
, who called for increasing the number of justices on the court; and many other congressional Democrats. Senator Susan Collins, a Republican who supports abortion rights and voted in the Senate to confirm Kavanaugh, said she felt "misled" by Kavanaugh, who, she claimed, said in a private meeting with her that he would respect precedent, assuring her that he is "a don't-rock-the-boat kind of judge". Democratic Senator
Joe Manchin Joseph Manchin III (born August 24, 1947) is an American politician and businessman serving as the senior United States senator from West Virginia, a seat he has held since 2010. A member of the Democratic Party, Manchin was the 34th governor o ...
, who crossed party lines and voted to confirm both Kavanaugh and Gorsuch, made similar comments, saying, "I trusted Justice Gorsuch and Justice Kavanaugh when they testified under oath that they also believed ''Roe v. Wade'' was settled legal precedent and I am alarmed they chose to reject the stability the ruling has provided for two generations of Americans." Massachusetts Governor
Charlie Baker Charles Duane Baker Jr. (born November 13, 1956) is an American politician and businessman serving as the 72nd governor of Massachusetts since 2015. A member of the Republican Party, Baker was a cabinet official under two governors of Massach ...
, a Republican, expressed disappointment in the decision and signed an executive order protecting abortion rights in the state. Governors
Jay Inslee Jay Robert Inslee (; born February 9, 1951) is an American politician, lawyer, and economist who has served as the 23rd governor of Washington since 2013. A member of the Democratic Party, he served as a member of the U.S. House of Represen ...
,
Kate Brown Katherine Brown (born June 21, 1960) is an American politician and attorney serving as the 38th governor of Oregon since 2015. A member of the Democratic Party, she served three terms as the state representative from the 13th district of the ...
, and
Gavin Newsom Gavin Christopher Newsom (born October 10, 1967) is an American politician and businessman who has been the 40th governor of California since 2019. A member of the Democratic Party, he served as the 49th lieutenant governor of California f ...
of Washington, Oregon, and California, respectively, announced a formation of the "West Coast offense", a joint policy to allow and protect abortion rights. Representative
Alexandria Ocasio-Cortez Alexandria Ocasio-Cortez (; ; born October 13, 1989), also known by her initials AOC, is an American politician and activist. She has served as the U.S. representative for New York's 14th congressional district since 2019, as a member of ...
called ''Dobbs'' and other recent decisions some deemed favorable to conservatives—including '' Oklahoma v. Castro-Huerta'', which weakened tribal oversight of Native American lands; '' New York State Rifle & Pistol Association, Inc. v. Bruen'', which expanded the right for open carry of guns; '' Kennedy v. Bremerton School District'', which drew back the separation of church and state in the Establishment Clause; and ''
West Virginia v. EPA ''West Virginia v. Environmental Protection Agency'', 597 U.S. ___ (2022), was a U.S. Supreme Court case related to the Clean Air Act and the ability of the Environmental Protection Agency (EPA) to regulate carbon dioxide emissions related to c ...
'', which weakened the power of federal agencies—a "judicial coup", demanding that President Joe Biden and Congress act to curtail the Supreme Court's power.


Religious

The decision was seen as a victory for the
Christian right The Christian right, or the religious right, are Christian political factions characterized by their strong support of socially conservative and traditionalist policies. Christian conservatives seek to influence politics and public policy with ...
in American politics. The president of the anti-abortion group Operation Rescue, Troy Newman, called the decision a "human rights victory". Support was widespread among leaders of the
Catholic Church The Catholic Church, also known as the Roman Catholic Church, is the List of Christian denominations by number of members, largest Christian church, with 1.3 billion baptized Catholics Catholic Church by country, worldwide . It is am ...
, including
Pope Francis Pope Francis ( la, Franciscus; it, Francesco; es, link=, Francisco; born Jorge Mario Bergoglio, 17 December 1936) is the head of the Catholic Church. He has been the bishop of Rome and sovereign of the Vatican City State since 13 March 2013 ...
, who compared abortion to "hiring a hit man"; the
United States Conference of Catholic Bishops The United States Conference of Catholic Bishops (USCCB) is the episcopal conference of the Catholic Church in the United States. Founded in 1966 as the joint National Conference of Catholic Bishops (NCCB) and United States Catholic Conference (US ...
; Archbishops
José Horacio Gómez José Horacio Gómez Velasco (born December 26, 1951) is a Mexican-born American prelate of the Catholic Church. He became the fifth Archbishop of Los Angeles in 2011. He served as Auxiliary Bishop of Denver from 2001 to 2004 and as Archb ...
and
William E. Lori William Edward Lori (born May 6, 1951) is an American prelate of the Catholic Church who has served as the 16th archbishop of the Archdiocese of Baltimore in Maryland since 2012. He was previously the fourth bishop of the Diocese of Bridgeport i ...
; and many other bishops. President
Bart Barber Bart Barber is an American Southern Baptist pastor and conservative speaker. He is in his second term as president of the Southern Baptist Convention (2022-2023 and 2023-2024). Education Barber earned an undergraduate degree from Baylor Univ ...
and other officials of the
Southern Baptist Convention The Southern Baptist Convention (SBC) is a Christian denomination based in the United States. It is the world's largest Baptist denomination, and the largest Protestant and second-largest Christian denomination in the United States. The wor ...
, and the Life Ministry of the Lutheran Church—Missouri Synod, celebrated the decision.
Mainline Protestant The mainline Protestant churches (also called mainstream Protestant and sometimes oldline Protestant) are a group of Protestant denominations in the United States that contrast in history and practice with evangelical, fundamentalist, and chari ...
leaders were generally critical of the decision, including Bishop
Elizabeth Eaton Elizabeth Amy Eaton (born April 2, 1955) is the fourth Presiding Bishop, and the first female Presiding Bishop, of the Evangelical Lutheran Church in America (ELCA). She was first elected to this post in 2013 and was re-elected for a second term ...
of the
Evangelical Lutheran Church in America The Evangelical Lutheran Church in America (ELCA) is a mainline Protestant Lutheran church headquartered in Chicago, Illinois. The ELCA was officially formed on January 1, 1988, by the merging of three Lutheran church bodies. , it has approxim ...
, the General Ministers of
United Church of Christ The United Church of Christ (UCC) is a mainline Protestant Christian denomination based in the United States, with historical and confessional roots in the Congregational, Calvinist, Lutheran, and Anabaptist traditions, and with approximatel ...
, and Presiding Bishop Michael Curry of the Episcopal Church. Many
American Jewish American Jews or Jewish Americans are American citizens who are Jewish, whether by religion, ethnicity, culture, or nationality. Today the Jewish community in the United States consists primarily of Ashkenazi Jews, who descend from dias ...
organizations, including the
National Council of Jewish Women The National Council of Jewish Women (NCJW) is a 501(c)(3) tax exempt organization. Founded in 1893, NCJW is self-described as the oldest Jewish women’s grassroots organization in the United States, now comprised by over 180,000 members. As of ...
, Hadassah,
American Jewish Committee The American Jewish Committee (AJC) is a Jewish advocacy group established on November 11, 1906. It is one of the oldest Jewish advocacy organizations and, according to ''The New York Times'', is "widely regarded as the dean of American Jewish o ...
, the
Anti-Defamation League The Anti-Defamation League (ADL), formerly known as the Anti-Defamation League of B'nai B'rith, is an international Jewish non-governmental organization based in the United States specializing in civil rights law. It was founded in late Septe ...
,
Hillel International Hillel: The Foundation for Jewish Campus Life, also known as Hillel International or Hillel, is the largest Jewish campus organization in the world, working with thousands of college students globally. Hillel is represented at more than 550 colle ...
, the Rabbinical Assembly, and the Women's Rabbinic Network, opposed the decision. They cited support for legal abortion and religious freedom, disagreeing with the court's opinion and "conservative Christian theology" on the beginning of human personhood. The Haredi Orthodox Jewish organization
Agudath Israel of America Agudath Israel of America ( he, אגודת ישראל באמריקה) (also called Agudah) is an American organization that represents Haredi Orthodox Jews. It is loosely affiliated with the international World Agudath Israel. Agudah seeks to ...
, though, "welcome the end of ''Roe v. Wade''. American Muslims' reactions were varied, as views on abortion differ within Islam. Many said ''Dobbs'' curtailed religious freedom, reflected only
Christian right The Christian right, or the religious right, are Christian political factions characterized by their strong support of socially conservative and traditionalist policies. Christian conservatives seek to influence politics and public policy with ...
views, and damaged cultural and
religious pluralism Religious pluralism is an attitude or policy regarding the diversity of religious belief systems co-existing in society. It can indicate one or more of the following: * Recognizing and tolerating the religious diversity of a society or coun ...
.


Civil rights

Multiple civil and reproductive rights groups, including the
NAACP The National Association for the Advancement of Colored People (NAACP) is a civil rights organization in the United States, formed in 1909 as an interracial endeavor to advance justice for African Americans by a group including W. E.&n ...
, criticized the decision. The
Congressional Black Caucus The Congressional Black Caucus (CBC) is a caucus made up of most African-American members of the United States Congress. Representative Karen Bass from California chaired the caucus from 2019 to 2021; she was succeeded by Representative Joyce B ...
called for the declaration of a national emergency. Liberals argued that the ruling and Thomas's concurrence created the potential to jeopardize other civil rights.
Laurence H. Tribe Laurence Henry Tribe (born October 10, 1941) is an American legal scholar who is a University Professor Emeritus at Harvard University. He previously served as the Carl M. Loeb University Professor at Harvard Law School. A constitutional law sc ...
, a constitutional scholar and a professor at Harvard Law School, called it not only "reactionary" and "unprincipled" but also damaging to the Ninth Amendment to the United States Constitution.
Linda Coffee Linda Nellene Coffee (born December 25, 1942) : profile of Coffee is an American lawyer living in Dallas, Texas. Coffee is best known, along with Sarah Weddington, for arguing the precedent-setting United States Supreme Court case ''Roe v. Wade'' ...
, a leading attorney for Norma McCorvey in ''Roe v. Wade'', said the Supreme Court's decision to overturn it "flies in the face of American freedom" and "destroys dignity of all American women". Jim Obergefell, the lead plaintiff in the Supreme Court case '' Obergefell v. Hodges'' that ruled same-sex marriage bans unconstitutional, criticized Thomas, whose own
interracial marriage Interracial marriage is a marriage involving spouses who belong to different races or racialized ethnicities. In the past, such marriages were outlawed in the United States, Nazi Germany and apartheid-era South Africa as miscegenation. In 1 ...
required '' Loving v. Virginia'' in order to be recognized by all states, for urging the Court to revisit and overrule its prior decisions.


Health and education

The president and CEO of the
Association of American Medical Colleges The Association of American Medical Colleges (AAMC) is a nonprofit organization based in Washington, D.C. that was established in 1876. It represents medical school A medical school is a tertiary educational institution, or part of such an i ...
,
David J. Skorton David Jan Skorton is an American physician and academic. He has been president and chief executive officer of the Association of American Medical Colleges (AAMC) since July 15, 2019. Prior to the AAMC, he led the Smithsonian Institution, the nat ...
, released a statement that said the decision "will significantly limit access for so many and increase health inequities across the country, ultimately putting women's lives at risk, at the very time that we should be redoubling our commitment to patient-centered, evidence-based care that promotes better health for all individuals and communities." The statement further affirmed the association's commitment to providing abortion access, saying that it "will continue working with our medical schools and teaching hospitals to ensure that physicians are able to provide all patients with safe, effective, and accessible health care when they need it." The president of the
American Academy of Pediatrics The American Academy of Pediatrics (AAP) is an American professional association of pediatricians, headquartered in Itasca, Illinois. It maintains its Department of Federal Affairs office in Washington, D.C. Background The Academy was found ...
, Moria Szilagyi, released a statement that the organization reaffirmed the policy to support "adolescents' right to access comprehensive, evidence-based reproductive healthcare services", including abortion. She added that the decision threatened adolescents' health and safety and jeopardized the patient-physician relationship. Academics from the
University of Minnesota School of Public Health The University of Minnesota School of Public Health, located in Minneapolis, Minnesota, is a professional school of the University of Minnesota. The school offers 16 masters programs and four doctoral programs, which culminate in one of the follo ...
and the
University of Colorado Boulder The University of Colorado Boulder (CU Boulder, CU, or Colorado) is a public research university in Boulder, Colorado. Founded in 1876, five months before Colorado became a state, it is the flagship university of the University of Colorado sy ...
criticized the decision, saying that as there is going to be an increase in pregnancies, there will be an increase in maternal and infant deaths. In 2020, there were 23.8 deaths from pregnancy or childbirth-related causes for every 100,000 births, the highest maternal mortality rate of any developed country, with black mothers 2.9 times more likely to die than white mothers. A study published in
JAMA Internal Medicine ''JAMA Internal Medicine'' is a monthly peer-reviewed medical journal published by the American Medical Association. It was established in 1908 as the ''Archives of Internal Medicine'' and obtained its current title in 2013. It covers all aspects ...
found that demand for abortion medications in the United States, as reflected by internet search trends, reached record highs nationally after the draft ''Dobbs'' opinion was leaked online. Public health activists have begun exploring ways to make medical abortion more available, particularly in states where it is subject to limitations, using social media for this purpose.


International

The
United Nations High Commissioner for Human Rights The Office of the United Nations High Commissioner for Human Rights, commonly known as the Office of the High Commissioner for Human Rights (OHCHR) or the United Nations Human Rights Office, is a department of the Secretariat of the United Nat ...
,
Michelle Bachelet Verónica Michelle Bachelet Jeria (; born 29 September 1951) is a Chilean politician who served as United Nations High Commissioner for Human Rights from 2018 to 2022. She previously served as President of Chile from 2006 to 2010 and 2014 to 201 ...
, said that the decision "represents a major setback after five decades of protection for sexual and reproductive health and rights". The Director-General of the
World Health Organization The World Health Organization (WHO) is a specialized agency of the United Nations responsible for international public health. The WHO Constitution states its main objective as "the attainment by all peoples of the highest possible level o ...
,
Tedros Adhanom Ghebreyesus Tedros Adhanom Ghebreyesus ( ti, ቴዎድሮስ አድሓኖም ገብረኢየሱስ, sometimes spelt ti, ቴድሮስ ኣድሓኖም ገብረየሱስ, label=none; born 3 March 1965) is an Ethiopian public health official, researcher, and ...
, said, "I am very disappointed, because women's rights must be protected. And I would have expected America to protect such rights."
Western world The Western world, also known as the West, primarily refers to the various nations and states in the regions of Europe, North America, and Oceania.
foreign leaders generally condemned the decision. Canadian Prime Minister
Justin Trudeau Justin Pierre James Trudeau ( , ; born December 25, 1971) is a Canadian politician who is the 23rd and current prime minister of Canada. He has served as the prime minister of Canada since 2015 and as the leader of the Liberal Party since ...
called the decision "horrific", while pledging, " Canada, we will always defend the woman's right to choose." British Prime Minister
Boris Johnson Alexander Boris de Pfeffel Johnson (; born 19 June 1964) is a British politician, writer and journalist who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2019 to 2022. He previously served as ...
called the decision "a big step backwards", while reassuring that there were laws "throughout the UK" for a "woman's right to choose". Scottish First Minister
Nicola Sturgeon Nicola Ferguson Sturgeon (born 19 July 1970) is a Scottish politician serving as First Minister of Scotland and Leader of the Scottish National Party (SNP) since 2014. She is the first woman to hold either position. She has been a member of ...
tweeted after the ruling that this was " e of the darkest days for women’s rights" in her lifetime. Belgian Prime Minister
Alexander De Croo Alexander De Croo (born 3 November 1975) is a Belgian politician and businessman who has served as the prime minister of Belgium since October 2020. De Croo was born in Vilvoorde, Flemish Brabant, and studied business engineering at the Vrije ...
said that he was "very concerned about implications of U.S. Supreme Court decision" and "the signal it sends to the world". French President
Emmanuel Macron Emmanuel Macron (; born 21 December 1977) is a French politician who has served as President of France since 2017. ''Ex officio'', he is also one of the two Co-Princes of Andorra. Prior to his presidency, Macron served as Minister of Econ ...
said that "abortion is a fundamental right for all women. It must be protected." He expressed his "solidarity" with U.S. women. Danish Prime Minister Mette Frederiksen called the decision "a huge setback" and said that her "heart cries for girls and women in the United States". New Zealand Prime Minister
Jacinda Ardern Jacinda Kate Laurell Ardern ( ; born 26 July 1980) is a New Zealand politician who has been serving as the 40th prime minister of New Zealand and leader of the Labour Party since 2017. A member of the Labour Party, she has been the member of ...
called the decision "incredibly upsetting" and "a loss for women everywhere". Greek Prime Minister
Kyriakos Mitsotakis Kyriakos Mitsotakis ( el, Κυριάκος Μητσοτάκης, ; born 4 March 1968) is a Greek politician serving as the prime minister of Greece since 8 July 2019. A member of the New Democracy, he has been its president since 2016. He pre ...
said he was "really troubled" by the decision, saying it is "a major step back in the fight for women's rights". Spanish Prime Minister
Pedro Sánchez Pedro Sánchez Pérez-Castejón (; born 29 February 1972) is a Spanish politician who has been Prime Minister of Spain since June 2018. He has also been Secretary-General of the Spanish Socialist Workers' Party (PSOE) since June 2017, having p ...
said that "we cannot take any right for granted" and that "women must be able to decide freely about their lives". The President of the Vatican's
Pontifical Academy for Life The Pontifical Academy for Life or Pontificia Accademia per la Vita is a Pontifical Academy of the Roman Catholic Church dedicated to promoting the Church's consistent life ethic. It also does related research on bioethics and Catholic moral the ...
, Archbishop Vincenzo Paglia, called the ruling "a powerful invitation to reflect together on the serious and urgent issue of human generativity and the conditions that make it possible". Members of some European far-right parties, notably
Beatrix von Storch Beatrix Amelie Ehrengard Eilika von Storch (née Herzogin von Oldenburg; 27 May 1971) is a German politician and lawyer, who has been the Deputy Leader of the Alternative for Germany since July 2015 and a Member of the Bundestag since Septembe ...
of
Alternative for Germany Alternative for Germany (german: link=no, Alternative für Deutschland, AfD; ) is a right-wing populist * * * * * * * political party in Germany. AfD is known for its opposition to the European Union, as well as immigration to Germany. ...
, approved of the decision. Brazilian president
Jair Bolsonaro Jair Messias Bolsonaro (; born 21 March 1955) is a Brazilian politician and retired military officer who has been the 38th president of Brazil since 1 January 2019. He was elected in 2018 as a member of the Social Liberal Party, which he turn ...
indirectly signaled his approval, tweeting, "May God continue to give strength and wisdom to those who protect the innocence and future of our children, in Brazil and around the world," the day the decision was released, one day after he had criticized abortion. In July 2022, the
European Parliament The European Parliament (EP) is one of the Legislature, legislative bodies of the European Union and one of its seven Institutions of the European Union, institutions. Together with the Council of the European Union (known as the Council and in ...
voted 324–155, with 38 abstentions, to condemn the ruling.


News

The
editorial board The editorial board is a group of experts, usually at a publication, who dictate the tone and direction the publication's editorial policy will take. Mass media At a newspaper, the editorial board usually consists of the editorial page editor, ...
s of many news outlets opposed the ruling, including ''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'', ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large n ...
'', ''
Los Angeles Times The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the ...
'', ''
Chicago Tribune The ''Chicago Tribune'' is a daily newspaper based in Chicago, Illinois, United States, owned by Tribune Publishing. Founded in 1847, and formerly self-styled as the "World's Greatest Newspaper" (a slogan for which WGN radio and television ar ...
'', ''
The Boston Globe ''The Boston Globe'' is an American daily newspaper founded and based in Boston, Massachusetts. The newspaper has won a total of 27 Pulitzer Prizes, and has a total circulation of close to 300,000 print and digital subscribers. ''The Boston Glob ...
'', ''
Newsday ''Newsday'' is an American daily newspaper that primarily serves Nassau and Suffolk counties on Long Island, although it is also sold throughout the New York metropolitan area. The slogan of the newspaper is "Newsday, Your Eye on LI", and fo ...
'', ''
Houston Chronicle The ''Houston Chronicle'' is the largest daily newspaper in Houston, Texas, United States. , it is the third-largest newspaper by Sunday circulation in the United States, behind only ''The New York Times'' and the ''Los Angeles Times''. With i ...
'', ''
Miami Herald The ''Miami Herald'' is an American daily newspaper owned by the McClatchy Company and headquartered in Doral, Florida, a city in western Miami-Dade County and the Miami metropolitan area, several miles west of Downtown Miami.Detroit Free Press The ''Detroit Free Press'' is the largest daily newspaper in Detroit, Michigan, US. The Sunday edition is titled the ''Sunday Free Press''. It is sometimes referred to as the Freep (reflected in the paper's web address, www.freep.com). It primar ...
'', ''
Star Tribune The ''Star Tribune'' is the largest newspaper in Minnesota. It originated as the ''Minneapolis Tribune'' in 1867 and the competing ''Minneapolis Daily Star'' in 1920. During the 1930s and 1940s, Minneapolis's competing newspapers were consolida ...
,'' and ''
The Denver Post ''The Denver Post'' is a daily newspaper and website published in Denver, Colorado. As of June 2022, it has an average print circulation of 57,265. In 2016, its website received roughly six million monthly unique visitors generating more than 13 ...
''. The ruling was supported by the senior editorial staff of ''
National Review ''National Review'' is an American conservative editorial magazine, focusing on news and commentary pieces on political, social, and cultural affairs. The magazine was founded by the author William F. Buckley Jr. in 1955. Its editor-in-chief ...
'', and the editorial boards of ''
The Wall Street Journal ''The Wall Street Journal'' is an American business-focused, international daily newspaper based in New York City, with international editions also available in Chinese and Japanese. The ''Journal'', along with its Asian editions, is published ...
'', ''
The Washington Times ''The Washington Times'' is an American conservative daily newspaper published in Washington, D.C., that covers general interest topics with a particular emphasis on national politics. Its broadsheet daily edition is distributed throughou ...
'', and the ''
New York Post The ''New York Post'' (''NY Post'') is a conservative daily tabloid newspaper published in New York City. The ''Post'' also operates NYPost.com, the celebrity gossip site PageSix.com, and the entertainment site Decider.com. It was established ...
.'' Readership of women-centric news publications increased during the aftermath of the ruling.


Public

The decision was divisive among the American public. Around 55–60% of respondents expressed disapproval when asked if they believed ''Roe'' should be overturned. But polls conducted before the ruling also showed that only around 29% of Americans believe abortion should generally be legal until fetal viability (24 weeks), the threshold set by ''Planned Parenthood v. Casey''. A June 2022
Harvard Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of higher le ...
/
Harris Harris may refer to: Places Canada * Harris, Ontario * Northland Pyrite Mine (also known as Harris Mine) * Harris, Saskatchewan * Rural Municipality of Harris No. 316, Saskatchewan Scotland * Harris, Outer Hebrides (sometimes called the Isle of ...
poll found that 44% of Americans believe that state legislatures should set abortion standards, while 25% believe the Supreme Court should, and 31% believe Congress should; a June 2022 CBS/
YouGov YouGov is a British international Internet-based market research and data analytics firm, headquartered in the UK, with operations in Europe, North America, the Middle East and Asia-Pacific. In 2007, it acquired US company Polimetrix, and sinc ...
poll found that 58% of Americans support federal legislation to protect abortion rights nationwide. A May 2022
Gallup Gallup may refer to: * Gallup, Inc., a firm founded by George Gallup, well known for its opinion poll * Gallup (surname), a surname *Gallup, New Mexico, a city in New Mexico, United States ** Gallup station, an Amtrak train in downtown Gallup, New ...
poll showed that 67% of Americans support legal abortion in the first trimester of pregnancy, 36% support legal abortion in the second trimester, and 20% support legal abortion in the third trimester. Public support for abortion rights increased after the decision, with an August 2022 ''Wall Street Journal'' poll finding that 60% of Americans supported access to abortion to in most or all circumstances, up from 55% in a poll conducted in March. The same August poll also found that bans after six or 15 weeks of pregnancy (with the exception of cases where the mothers' health was threatened) were unpopular, with 62% and 57% of Americans opposed, respectively. Large numbers of protesters gathered at the Supreme Court building after the decision's announcement. Clashes between police and protesters, resulting in tear gassing and arrests, occurred in Los Angeles, New York City, and Phoenix. Protests also took place in Chicago, along with solidarity protests in Berlin, London, and Toronto, and were planned to take place throughout the U.S. over the days after the decision. The DHS issued a memo to law enforcement agencies and first responders to be aware of potential extremist violence in the weeks following the decision, particularly at federal and state government offices, abortion clinics and other health providers, and at faith-based organizations. The decision sparked at least one incident of trespassing into a state legislature by abortion-rights activists. Protesters breached a security barrier at the Arizona State Capitol and attempted to enter the building while the legislature was in session. The proceedings were temporarily halted as lawmakers were forced into the building's basement after tear gas was fired into the crowd. Some politicians and academics questioned the Supreme Court's
legitimacy Legitimacy, from the Latin ''legitimare'' meaning "to make lawful", may refer to: * Legitimacy (criminal law) * Legitimacy (family law) * Legitimacy (political) See also * Bastard (law of England and Wales) * Illegitimacy in fiction * Legit (d ...
in the wake of the leak and official ruling in ''Dobbs''. A June 2022
Harvard Harvard University is a private Ivy League research university in Cambridge, Massachusetts. Founded in 1636 as Harvard College and named for its first benefactor, the Puritan clergyman John Harvard, it is the oldest institution of higher le ...
/
Harris Harris may refer to: Places Canada * Harris, Ontario * Northland Pyrite Mine (also known as Harris Mine) * Harris, Saskatchewan * Rural Municipality of Harris No. 316, Saskatchewan Scotland * Harris, Outer Hebrides (sometimes called the Isle of ...
poll showed that 63% of Americans consider the Supreme Court legitimate and 59% believe it is wrong to call it illegitimate.
NBC News NBC News is the news division of the American broadcast television network NBC. The division operates under NBCUniversal Television and Streaming, a division of NBCUniversal, which is, in turn, a subsidiary of Comcast. The news division's v ...
had run polls on the public opinion of the Supreme Court since 1992, with majority opinion wavering between neutral and positive through May 2022. Its August 2022 poll, after ''Dobbs'', had the majority with a negative opinion of the Court. Compared to only 17% of respondents with little to no confidence in the Court in June 2019, the number had increased to 37% by August 2022.


Corporate and celebrity

Corporations, including
Amazon Amazon most often refers to: * Amazons, a tribe of female warriors in Greek mythology * Amazon rainforest, a rainforest covering most of the Amazon basin * Amazon River, in South America * Amazon (company), an American multinational technolog ...
,
Comcast Comcast Corporation (formerly known as American Cable Systems and Comcast Holdings),Before the AT&T merger in 2001, the parent company was Comcast Holdings Corporation. Comcast Holdings Corporation now refers to a subsidiary of Comcast Corpora ...
,
Dell Dell is an American based technology company. It develops, sells, repairs, and supports computers and related products and services. Dell is owned by its parent company, Dell Technologies. Dell sells personal computers (PCs), servers, data ...
,
Disney The Walt Disney Company, commonly known as Disney (), is an American multinational mass media and entertainment conglomerate headquartered at the Walt Disney Studios complex in Burbank, California. Disney was originally founded on October ...
,
eBay eBay Inc. ( ) is an American multinational e-commerce company based in San Jose, California, that facilitates consumer-to-consumer and business-to-consumer sales through its website. eBay was founded by Pierre Omidyar in 1995 and became ...
,
Goldman Sachs Goldman Sachs () is an American multinational investment bank and financial services company. Founded in 1869, Goldman Sachs is headquartered at 200 West Street in Lower Manhattan, with regional headquarters in London, Warsaw, Bangalore, Ho ...
,
JPMorgan Chase JPMorgan Chase & Co. is an American multinational investment bank and financial services holding company headquartered in New York City and incorporated in Delaware. As of 2022, JPMorgan Chase is the largest bank in the United States, t ...
,
Meta Meta (from the Greek μετά, '' meta'', meaning "after" or "beyond") is a prefix meaning "more comprehensive" or "transcending". In modern nomenclature, ''meta''- can also serve as a prefix meaning self-referential, as a field of study or end ...
,
Netflix Netflix, Inc. is an American subscription video on-demand over-the-top streaming service and production company based in Los Gatos, California. Founded in 1997 by Reed Hastings and Marc Randolph in Scotts Valley, California, it offers a ...
, Paramount, Snap,
Sony , commonly stylized as SONY, is a Japanese multinational conglomerate corporation headquartered in Minato, Tokyo, Japan. As a major technology company, it operates as one of the world's largest manufacturers of consumer and professional ...
, Tesla, and
Yelp Yelp Inc. is an American company that develops the Yelp.com website and the Yelp mobile app, which publish crowd-sourced reviews about businesses. It also operates Yelp Guest Manager, a table reservation service. It is headquartered in San F ...
, said they would cover travel benefits for employees seeking abortions in states that protected abortion access. Levi Strauss & Co. affirmed its support for abortion access. Several technology executives have condemned the ruling. Multiple celebrities criticized the ruling. The NBA and WNBA released a joint statement supporting the right to abortion. The National Women's Soccer League Players Association also condemned the ruling.


See also

* 2022 abortion protests * Abortion law inside and outside the United States * List of United States Supreme Court leaks


Footnotes


References

;Inline ;General * * * * * * *


Further reading

* * *


External links

Written opinions * Texts of the two state laws * * Oral arguments * * {{US14thAmendment, dueprocess 2022 in United States case law History of women in Mississippi History of women's rights in the United States Medical lawsuits Right to abortion under the United States Constitution Right to privacy under the United States Constitution United States abortion case law United States privacy case law United States Supreme Court cases United States Supreme Court cases of the Roberts Court United States Supreme Court decisions that overrule a prior Supreme Court decision Anti-abortion movement in the United States Articles containing video clips