Abortion & Other Health Services After Dobbs: Understanding the Legal Doctrine and Its Implications

In its recent decision in Dobbs v. Jackson Women’s Health Organization, the Supreme Court ruled that the United States Constitution does not confer a right to abortion, overruling its 1973 decision in Roe v. Wade and its 1992 decision in Planned Parenthood of Southeastern Pa. v. Casey which had reaffirmed Roe in its principal aspects. With Dobbs, the Court has opened the door for states to restrict the availability of abortion or to prohibit it entirely. States such as Massachusetts, in which abortion remains lawful, seek to make abortion accessible to patients from states with restrictive laws and are enacting legislation in an effort to protect health care providers, among others, from legal actions initiated by parties in restrictive states. The Dobbs decision and competing state laws across the nation are generating a vast, evolving array of legal and practical issues affecting patients receiving reproductive health care services, health care providers, health insurers, employers, and many others.

This new program analyzes the legal doctrine underpinning the Dobbs decision, its implications for relations among the states and the federal government, and the security of other constitutional rights. In addition, the program examines the impact of Dobbs on the availability of abortion and other health care services, and the myriad actors who may have some connection to the provision of these services.