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Privacy & Reproductive Rights

Dobbs v. Jackson Women's Health Organization

Decided: 2022

In brief

Overturned Roe and Casey, holding the Constitution does not confer a right to abortion and returning the issue to the states.

The Court's ruling in depth

Justice Alito's majority opinion held that the Constitution 'makes no reference to abortion, and no such right is implicitly protected by any constitutional provision,' including the Fourteenth Amendment. Applying its 'deeply rooted in the Nation's history and traditions' test for unenumerated rights, the Court concluded Roe was 'egregiously wrong from the start' and Casey compounded the error. Both were overruled; abortion regulation returns to the states. Dobbs is among the most consequential decisions of the modern era. Within months, roughly a dozen states enacted near-total abortion bans; others codified protections. The decision unsettled the broader substantive-due-process canon (Justice Thomas's concurrence urged reconsidering Griswold, Lawrence, and Obergefell), reshaped elections, and thrust reproductive-rights litigation back to the state level.

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