Dobbs Decision Resource Center: Practical Guidance

On June 24, 2022, the Supreme Court of the United States issued its decision in the case, Dobbs, State Health Officer of the Mississippi Department of Health, et al. v. Jackson Women’s Health Organization et al., 597 U.S. 215 (2022), which concluded that the United States Constitution does not confer a right to abortion. The decision has the effect of overruling the landmark cases, Roe v. Wade, 410 U.S. 113 (1973), and Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992), and, as a result, now leaves the issue of abortion to each individual state’s rulemaking.

This resource center provides a summary of the Dobbs decision and analyses of some of the practical impacts of this landmark case on healthcare, employee benefits and employment law, as well as First Amendment considerations and other practical ramifications. We will update this page as legislative developments and administrative guidance warrant. If you have any questions about the Dobbs decision and its impact on your organization, please contact any of the authors of the articles listed in this Resource Center.

Latest Updates and Analyses of Dobbs: Considerations for Healthcare Providers and Insurers

U.S. Supreme Court Upholds HHS’ Decision to Withhold Federal Grants as a Consequence of Oklahoma’s Failure to Comply with Federal Requirement for Abortion Counseling - September 5, 2024
Authored by: Joan Feldman and Benjamin Sharpe

Ohio Injunction Issued for Abortion Statutes At Odds with State Constitutional Reproductive Rights - August 28, 2024
Authored by: Joan Feldman and Benjamin Sharpe

Kansas Supreme Court Reaffirms Fundamental Right to Abortion - July 9, 2024
Authored by: Joan Feldman and Benjamin Sharpe

Emergency Abortion Rights Temporarily Restored in Idaho by Supreme Court - June 28, 2024
Authored by: Joan Feldman and Benjamin Sharpe

Supreme Court Unanimously Strikes Down Legal Challenges to Abortion Drug - June 14, 2024
Authored by: Joan Feldman and Benjamin Sharpe

Arizona Supreme Court Lifts Injunction on Near-Total Abortion Ban - April 12, 2024
Authored by: Joan Feldman and Benjamin Sharpe

Florida Supreme Court Issues Divergent Opinions Impacting Abortion Rights in Florida - April 2, 2024
Authored by: Joan Feldman

United States Court of Appeals for the Fifth Circuit Issues Another Restriction on Reproductive Rights and Federal Agency Action - January 8, 2024
Authored by: Joan Feldman

Recent Developments Under Texas' Abortion Law - December 15, 2023
Authored by: Joan Feldman and Sarah Elkins

Danco Laboratories and the Department of Justice File Briefs As Battle Over Abortion Drug Continues in U.S. Supreme Court - November 13, 2023
Authored by: Joan Feldman and Ian Leon

Abortion Opponents Seek Full Supreme Court Review of Fifth Circuit Holding - October 23, 2023
Authored by: Joan Feldman and Ian Leon*
*Ian Leon also contributed to the writing of this article. Ian is not yet admitted to practice.

Petition for Writ of Certiorari Filed Urging Justices to Hear Case on Abortion Pill Restrictions - September 20, 2023
Authored by: Joan Feldman and Ian Leon*
*Ian Leon also contributed to the writing of this article. Ian is not yet admitted to practice.

Fifth Circuit Court of Appeals Upholds FDA’s 2000 Abortion Pill Approval and Reinstates 2011 More Restrictive Rules Regarding Dispensing of the Drug - August 17, 2023
Authored by: Joan Feldman

Abortion Bans Temporarily Blocked in Several States - June 26, 2023
Authored by: Joan Feldman

Oklahoma Supreme Court Rules Two State Anti-Abortion Laws Unconstitutional - June 5, 2023
Authored by: Joan Feldman

South Carolina's Second Attempt to Restrict Abortion - May 30, 2023
Authored by: Joan Feldman

North Carolina Bans Abortions After 12 Weeks - May 19, 2023
Authored by: Matthew Gibbons

South Carolina Legislature Advances 6-Week Abortion Ban - May 19, 2023
Authored by: Matthew Gibbons

Utah Judge Strikes Law Banning Abortion Clinics - May 3, 2023
Authored by: Joan Feldman

Three Recent Developments in Ongoing Court Battles Over Abortion Rights Waged at State and Federal Levels - April 25, 2023
Authored by: Joan Feldman and Matthew Gibbons

U.S. Supreme Court Removes Restrictions on Abortion Drug Pending Appeal - April 24, 2023
On Friday, April 21, 2023, the United States Supreme Court issued an order stating that “[T]he April 7, 2023 order of the United States District Court for the Northern District of Texas, case No. 2:22–cv–223, is stayed pending disposition of the appeal in the United States Court of Appeals for the Fifth Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought. Should certiorari be denied, this stay shall terminate automatically. In the event certiorari is granted, the stay shall terminate upon the sending down of the judgment of this Court.” Justices Thomas and Alito dissented.

As a result of the stay any restrictions placed upon the FDA’s approval of mifepristone are no longer in effect and the medication continues to be available by mail in accordance with the state laws. It is expected that appeal will ultimately be considered by the Court through certiorari.

U.S. Supreme Court Further Extends Stay - April 19, 2023
On Wednesday, just hours before a midnight deadline previously set by Justice Samuel Alito, the Supreme Court further extended a temporary stay to maintain the Food and Drug Administration's approval of the abortion pill mifepristone amid ongoing litigation. On Friday, Justice Alito granted a five day stay of the Texas Order by Judge Kacsmaryk, which put distribution of mifepristone on hold pending resolution of the legal challenges with respect to the FDA’s approval of the drug. The administrative stay will now be in place until 11:59 p.m. on Friday, April 21, 2023.

U.S. Supreme Court Grants Stay In Court Battle Over Abortion Drug Mifepristone - April 14, 2023
Judge Alito of the U.S. Supreme Court temporarily extends access to mifepristone, issuing a stay on Judge Kacsmaryk’s April 7, 2023 ruling until 11:59 p.m. April 19 in response to the U.S. Solicitor General’s Application for a stay. The Plaintiffs have until Tuesday April 18, 2023 12:00 p.m. to submit any response to the Solicitor General’s Application for a stay. At this time, women can continue to receive mifepristone by mail.

Federal Government Files Application to Stay Texas Order Regarding Abortion Drug With U.S. Supreme Court - April 14, 2023
The U.S. Solicitor General on behalf of the FDA, et al., filed with the United States Supreme Court an Application to stay the order in full entered by the United States District Court for the Northern District of Texas and for an administrative stay to preserve the status quo while the Court considers the application. See April 7th Decision.

HHS Proposes Revisions to HIPAA Privacy Rule Addressing Concerns about Reproductive Health Care - April 14, 2023
Authored by: Marc Lombardi

Fifth Circuit Court of Appeals Issues Ruling in Abortion Drug Court Battle - April 13, 2023
Authored by: Joan Feldman

Two Federal Courts Take Contrary Legal Positions on Medication Abortions - April 10, 2023
Authored by: Joan Feldman

Wyoming To Ban Abortion Medication - March 21, 2023
Authored by: Joan Feldman

Constitutional Right to Abortion in North Dakota - March 17, 2023
Authored by: Joan Feldman and Matthew Gibbons

In Certain States Retail Pharmacies Face Difficult Balancing Act Relating to the Sale of Mifepristone - March 10, 2023
Authored by: Joan Feldman and Matthew Gibbons

State Attorneys General Choose Sides in Legal Battle Over Abortion Drug Mifepristone - February 13, 2023
Authored by: Joan Feldman

Twenty Attorneys General Challenge the Mailing of Abortion Medication - February 7, 2023
Authored by: Joan Feldman

New Illinois Statute Seeks to Protect Providers and Patients Seeking Abortions and Gender-Affirming Care in that State - January 18, 2023
Authored by: Matthew Gibbons

Constitutional Right to Abortion in South Carolina - January 5, 2023
Authored by: Joan Feldman

Mailing of Abortion Medication - January 4, 2023
Authored by: Joan Feldman

FDA and Medical Abortions - January 3, 2023
Authored by: Joan Feldman