Publication Date

2022

Document Type

Article

Abstract

This Article examines some of the important takeaways of the Dobbs v. Jackson Women’s Health decision and the likely reverberations it will have on other areas of law and reproductive healthcare more broadly. The Article proceeds in three parts. Part I examines the majority, concurring, and dissenting opinions to consider what they reveal about the new standard of review for abortion, the shift in power among the members of the Court itself, as well as what the opinion signals might come next. Part II explores the future of abortion in a post-Roe landscape as the abortion rights movement moves from the defensive to the offensive posture. The section briefly discusses emerging constitutional theories for sourcing the abortion right, as well as federal and state executive and legislative actions to protect abortion access. Part III briefly assesses the potential impact of the end of Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey on criminalization of abortion and self-managed care, the surveillance of pregnant people, and adjacent issues, including reproductive health and assisted reproductive technology.

Publication Title

Journal of the American Academy of Matrimonial Lawyers

Volume

35

Issue

1

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