Disorder in the Post-Roe World? . . . “It is so ordered” by the Dobbs Court
- August 19, 2022
- Devon Minnick , Epstein Becker & Green PC
- Alaap Shah , Epstein Becker & Green PC
- Bailey Wendzel , Epstein Becker & Green PC
- Ada Peters
The U.S. Supreme Court's decision in Dobbs v. Jackson Women’s Health Organization (Dobbs) to overturn Roe v. Wade profoundly changes the landscape of laws impacting abortion care across the nation.[1] Yet, many of the downstream effects of the Dobbs decision remain unclear, and the decision raises numerous questions for stakeholders in the health care industry, including employers and employees, and, importantly, the patients impacted by this shifting legal landscape. The Dobbs decision does make clear that state laws will play a larger role in protecting or restricting abortion care. As a result, many states have enacted total or near total bans on abortion, while others have swung the other direction to protect access to abortion care. This in turn has created numerous questions about how to navigate complex and sometimes-conflicting state laws, the liability associated with crossing state lines to seek abortion care, and how cross-border enforcement and potential conflicts with federal laws will be reconciled and resolved.
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