Dobbs v. Jackson Women's Health Organization

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Dobbs v. Jackson Women's Health Organization
Supreme Court of the United States
Argued December 1, 2021
Decided June 24, 2022
Full case nameThomas E. Dobbs, State Health Officer of the Mississippi Department of Health, et al. v. Jackson Women's Health Organization, et al.
Docket no.19-1392
ArgumentOral argument
DecisionOpinion
Questions presented
Whether all pre-viability prohibitions on elective abortions are unconstitutional.
Holding
The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives.
Court membership
Chief Justice
John Roberts
Associate Justices
Clarence Thomas · Stephen Breyer
Samuel Alito · Sonia Sotomayor
Elena Kagan · Neil Gorsuch
Brett Kavanaugh · Amy Coney Barrett
Case opinions
MajorityAlito, joined by Thomas, Gorsuch, Kavanaugh, Barrett
ConcurrenceThomas
ConcurrenceKavanaugh
ConcurrenceRoberts (in judgement)
DissentBreyer, Kagan, Sotomayor (joint authorship)
This case overturned a previous ruling or rulings
Roe v. Wade (1973)
Planned Parenthood v. Casey (1992)

Dobbs v. Jackson Women's Health Organization (2022) was a landmark U.S. Supreme Court decision which held that the Constitution does not confer a right to abortion.

The case was about the constitutionality of a 2018 Mississippi state law that bans most abortion operations after the first 15 weeks of pregnancy. Lower courts have prevented enforcement of the law with preliminary injunctions. The injunctions are based on the ruling in Planned Parenthood v. Casey, which prevents states from banning abortion before fetal viability, generally within the first 24 weeks, on the basis that a woman's choice for abortion during that time is protected by rights of privacy under the Fourteenth Amendment to the United States Constitution.

The shift of the ideology of the Supreme Court, through the 2020 appointment of Justice Amy Coney Barrett, who was outspoken against abortion before her appointment, made Dobbs a potential vehicle to challenge both Roe v. Wade and Casey. More than 20 states prepared legislation, including 13 with trigger laws, to strictly regulate abortion should Dobbs overturn Roe and Casey. Dobbs gained more attention in the wake of legal battles over the Texas Heartbeat Act, enacted in May 2021, leading to near record-setting amicus curiae submissions in Dobbs.

Oral arguments before the Supreme Court were held in December 2021. On May 2, 2022, Politico published a leaked draft majority opinion by Justice Samuel Alito. It would overturn Roe and Casey by nullifying the specific privacy rights in question, eliminating federal involvement, and leaving the issue to be determined by the states. Through a statement made by the Chief Justice of the United States, John Roberts, the Court confirmed the document's authenticity, but said that it "does not represent a decision by the Court or the final position of any member on the issues in the case".[1][2]

The decision was issued on June 24, 2022, ruling 6–3 to reverse the lower court rulings. The majority opinion stated that abortion was not a constitutional right, overturning both Roe and Casey, and that states should have discretion in regulating abortion. The majority opinion, written by Alito, was substantially similar to the leaked draft.

Background

Main articles: Abortion in the United States and Abortion in the United States by state

The U.S. Supreme Court ruled in Roe v. Wade,[nb 1] a 1973 landmark decision, that the right to privacy within the scope of the Fourteenth Amendment to the U.S. Constitution includes a woman's qualified right to terminate her pregnancy.[3] The Court partly reaffirmed this in Planned Parenthood v. Casey,[nb 2] a 1992 case that also struck down Roe's trimester framework in favor of a fetal viability standard, typically 24 weeks into pregnancy. Casey held those state laws that restrict abortion before the fetus is viable create an undue burden on women seeking abortions, and are unconstitutional because they violate the Due Process Clause, a woman's right to due process under the Fourteenth Amendment to the U.S. Constitution. The court also ruled that this right is not absolute and must be balanced with possible government interest and may be affected by medical advancements that allow premature babies to survive at younger gestational ages.[4]

After Roe, there was a political realignment surrounding abortion in the U.S. Although the abortion-rights movement was allied with the population control movement before Roe,[5] during the years immediately afterward the population control movement experienced a series of scandals that made it appear divisive.[6] As anti-abortion advocates accused the abortion rights movement of racism, the abortion-rights movement responded by changing its rhetoric. Instead of emphasizing national policy benefits of abortion, such as smaller welfare expenses, slower population growth, and fewer illegitimate births,[5] it took up choice and rights-oriented rhetoric similar to what was used in the Roe decision.[7]

Opponents of abortion also experienced a political shift. The Catholic Church and the Democratic Party supported an expansive welfare state, wanted to reduce rates of abortion through prenatal insurance and federally funded day care, and opposed abortion at the time of Roe, but the anti-abortion movement shifted to Protestant faiths that saw abortion rights as part of a liberal-heavy agenda to fight against and became part of the new Christian right. The Protestant influence led to opposition to abortion being made part of the Republican Party's platform by the 1990s.[8][9] Republican-led states enacted laws to restrict abortion, including abortions earlier than Casey's general standard of 24 weeks. The courts enjoined most of these laws.[10] The use of fetal viability as a standard was questioned in U.S. abortion-related cases after Casey, including by Justice Sandra Day O'Connor in her dissenting opinion in City of Akron v. Akron Center for Reproductive Health. These opinions argue that there are other scientific, philosophical, and moral considerations involved.[4]

During the Roberts Court under Chief Justice John Roberts since 2005, there has often been a 5–4 conservative majority with the potential to overturn Roe and Casey. Roberts is a strong proponent of stare decisis, believing that even some wrongly decided cases should not be overturned,[11] as well as a staunch defender of the Court's reputation.[12][13] Since 2018, the Court's ideological makeup with respect to abortion rights shifted, with Neil Gorsuch and Brett Kavanaugh's appointments alongside Samuel Alito and Clarence Thomas.[12] Some Republican-majority states passed bills restricting abortions, anticipating a potential legal shift from the Supreme Court and providing possible case vehicles for bringing the issue to the Supreme Court.[14] When Amy Coney Barrett replaced Ruth Bader Ginsburg, the Court's ideological makeup shifted further and created an opportunity to overturn or additionally limit Roe.[10][14][15] Ginsburg had generally been in the majority of past Supreme Court cases that enjoined stricter abortion laws. Conversely, political analysts see Barrett as having anti-abortion views; in 1998, she wrote in a law journal article that abortion is "always immoral".[11]

Gestational Age Act

See also: Abortion in Mississippi § Legislative history

In March 2018, the state of Mississippi passed the Gestational Age Act, which banned any abortion operation after the first 15 weeks of pregnancy, with exceptions for a medical emergency or severe fetal abnormality but none for cases of rape or incest.[16] The medical emergency exception allows abortions done to save the life of a pregnant woman and in situations where "the continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function".[17][18] The severe fetal abnormality exception allows abortions of fetuses whose defects will leave them incapable of living outside the womb.[18][19]

The legislature justified this prohibition on the basis that intentionally crushing and tearing apart fetuses for nontherapeutic or elective reasons was "a barbaric practice, dangerous for the maternal patient, and demeaning to the medical profession."[18][20] Another basis was that the abortion procedures forbidden under the Act were said by the legislature to carry "significant physical and psychological risks",[18][21] and could cause various medical complications.[18][22]

Governor Phil Bryant signed the bill into law, saying he was "committed to making Mississippi the safest place in America for an unborn child, and this bill will help us achieve that goal".[16] He added: "We'll probably be sued here in about a half hour, and that'll be fine with me. It is worth fighting over."[16]

Lower courts

Within a day of the Gestational Age Act's passage, Mississippi's only abortion clinic, Jackson Women's Health Organization, and one of its doctors, Sacheen Carr-Ellis, sued state officials Thomas E. Dobbs, state health officer with the Mississippi State Department of Health, and Kenneth Cleveland, executive director of the Mississippi State Board of Medical Licensure, to challenge the Act's constitutionality.[16] The clinic does surgical abortions up to 16 weeks' gestation and is represented in court by the Center for Reproductive Rights.[23] The case was heard by Judge Carlton W. Reeves of the U.S. District Court for the Southern District of Mississippi. In November 2018, Reeves ruled for the clinic and placed an injunction on Mississippi enjoining it from enforcing the Act. Reeves wrote that based on evidence that viability of the fetus begins between 23 and 24 weeks, Mississippi had "no legitimate state interest strong enough, prior to viability, to justify a ban on abortions".[24] Dobbs sought to have the judges consider whether fetal pain might be possible after 15 weeks, but the District Court ruled his evidence "inadmissible and irrelevant".[25]

The state appealed to the Fifth Circuit, which upheld Reeves's ruling in a 3–0 decision in December 2019.[26] Senior Circuit Judge Patrick Higginbotham wrote for the Court: "In an unbroken line dating to Roe v. Wade, the Supreme Court's abortion cases have established (and affirmed, and re-affirmed) a woman's right to choose an abortion before viability. States may regulate abortion procedures prior to viability so long as they do not impose an undue burden on the woman's right, but they may not ban abortions."[27] A request for an en banc rehearing was denied.[28]

In May 2019, the District Court for the Southern District of Mississippi issued another injunction, this time against a newly passed Mississippi abortion law.[29] This was a heartbeat bill that forbade most abortions when a fetus's heartbeat could be detected, which is usually from 6 to 12 weeks into pregnancy.[30][31] In a February 2020 per curiam decision, the Fifth Circuit also upheld the second injunction.[32] The Fifth Circuit's statements for both injunctions were similar because they both cited the lack of fetal viability during earlier stages of gestation as a reason to enjoin the laws.[33]

Supreme Court

Roberts Court since October 2020

Mississippi petitioned its appeal of the Fifth Circuit decisions to the Supreme Court in June 2020. Its petition, filed by Mississippi Attorney General Lynn Fitch, focused on three questions from the appeals process.[34] In its petition, Mississippi asked the Court to revisit the viability standard on the basis of the standard's inflexibility[35] and inadequate accommodation of present understandings of life before birth.[36] The filing stated that fetuses can detect pain and respond to it at 10–12 weeks gestational age,[37] and asked the Court to allow the prohibition of "inhumane procedures".[38] The petition also contended that the viability standard inadequately addresses the protection of potential human life. Mississippi considered this a State interest from the "onset of the pregnancy" onward.[39]

A response brief focused on two questions asked in opposition to the petition was filed by Hillary Schneller from the Center for Reproductive Rights on behalf of Jackson Women's Health Organization.[40] JWHO asked the court to deny Mississippi's petition due to judicial precedent.[41] The brief noted that both the District Court and the Fifth Circuit found the Mississippi law unconstitutional by properly applying precedent in a manner that did not conflict with other courts' decisions[42] and argued that there was therefore nothing about the case that "warrants this Court's intervention".[43] The brief also argued that Mississippi was misinterpreting its role in abortion regulation.[44] While the State thought that its interest was greater than the individual right to abortion, JWHO argued that Mississippi's vested interest in regulating abortion was insufficient to ban it before viability,[45] making the Gestational Age Act "unconstitutional by any measure".[46]

The petition went through review at more than a dozen conferences for the Court, which is unusual for most cases. The Court granted the petition for a writ of certiorari on May 17, 2021, limiting the court's review to a single question: "Whether all pre-viability prohibitions on elective abortions are unconstitutional."[47] Over 140 amici curiae briefs were submitted before oral argument in Dobbs, approaching the record set by Obergefell v. Hodges, in part to separate and concurrent lawsuits filed over the Texas Heartbeat Act, which effectively gave citizens of the state the means to enforce abortion bans through civil suits.[48][49]

Oral argument

The case was heard on December 1, 2021. During the oral arguments, Mississippi, represented by Solicitor General Scott G. Stewart, argued that the Constitution does not directly guarantee a right to abortion. Because of this, he said that laws about abortion should be evaluated on a rational basis review instead of the higher level of scrutiny required by the undue burden standard.[50] Stewart also argued for overturning Roe and Casey on the basis that the decisions were unworkable and that new facts have come to light since the two decisions were made. He argued that scientific knowledge has grown about "what we know the child is doing and looks like" and he claimed that we now know that fetuses are "fully human" even "very early" in gestation.[51] Stewart also defended Mississippi's claim in its briefs that new medical advances with viability were at odds with past assumptions made when formulating the viability line.[52] Also, he claimed that the understanding about when fetuses begin to feel pain has grown.[53] Stewart maintained that because of the decisions in Roe and Casey, the government is being kept from responding to these facts by prohibiting pre-viability abortions.[54]

Jackson Women's Health Organization, represented by Julie Rikelman, argued that the Court should not overrule the two decisions because the viability standard was correct.[55] According to Rikelman, Mississippi's arguments against Roe were not new, but instead similar to the ones Pennsylvania made during Casey.[56] Since Roe's essential holding was upheld for Casey, she said that the Court should do the same here, since there had been no new changes in the laws and facts since then that could justify changing the Court's position.[57] Rikelman argued that Mississippi's argument against using the undue burden standard was wrong because the standard actually applies to specifically to post-viability abortion regulations rather than to the prohibition of abortions before viability.[58] She told the Court that the undue burden standard was workable,[59] and the viability line incorporated into the standard was likewise workable.[60] She noted that for 50 years, the viability line had been clearly and consistently applied in the courts.[61]

U.S. Solicitor General Elizabeth Barchas Prelogar argued that Roe and Casey should not be overruled. She argued that there has been a substantial reliance on the right to abortion by both individuals and society, and that the Court "has never revoked a right that is so fundamental to so many Americans and so central to their ability to participate fully and equally in society."[62]

Based on their analysis of the questioning, Court observers said that its six conservative members were likely to uphold Mississippi's law.[63] Chief Justice John Roberts appeared to suggest that viability was not relevant to the holdings of either Roe or Casey, and that only a fair choice or opportunity to seek an abortion was constitutionally protected.[64] The other conservative justices appeared to be ready to overturn Roe and Casey.[63][65][66]

Leaked draft opinion

See also: List of United States Supreme Court leaks
Wikisource has original text related to this article:
The leaked draft majority opinion

On May 2, 2022, Politico released a draft of a majority opinion by Justice Samuel Alito circulated among the justices in February 2022.[67] The draft opinion would overturn Roe and Casey. Alito's draft called the Roe decision "egregiously wrong from the start", arguing that abortion is not listed in the Constitution as a protected right, and instead would allow states to decide on abortion restrictions or guarantees under the Tenth Amendment to the U.S. Constitution.[67][68]

Sources told Politico that Justices Thomas, Gorsuch, Kavanaugh, and Barrett had voted in conference with Alito in December and their positions had remained unchanged as of May 2022, though it is unclear whether they agreed with Alito's draft, as no other drafts in concurrence or dissent had yet been circulated.[67][13] According to CNN, Roberts voted to uphold the Gestational Age Act but "did not want to completely overturn Roe v. Wade".[69] The Washington Post reported from court sources that Roberts had been working since December 2021 on his own opinion, which would uphold Roe while narrowly allowing the Mississippi law to take effect.[12]

The Supreme Court confirmed the draft's authenticity the next day, but cautioned that "it does not represent a decision by the Court or the final position of any member on the issues in the case".[70] Roberts said that he had directed the Marshal of the Court, Gail A. Curley, to investigate the news leak and that "to the extent this betrayal of the confidences of the court was to undermine the integrity of our operations, it will not succeed."'[70][71][72] The leak probe is in progress, and CNN reported on May 31 that law clerks were asked to provide private cell phone records and sign affidavits. The unprecedented move has alarmed some clerks into exploring whether to hire independent counsel.[73][74][75]

In response to the leak, Chief Justice Roberts said: "The work of the Court will not be affected in any way."[76] At an Eleventh Circuit judicial conference, he called the leak "absolutely appalling" and said that "one bad apple" should not change "people's perception" of the Supreme Court;[77] Justice Thomas commented that the Court should not be "bullied" into delivering preferred outcomes and repeated his criticisms of stare decisis.[78] He later added that the leak was an "unthinkable breach of trust" that "fundamentally" changed the Court.[79][80]

Leaks about Supreme Court deliberations in a pending case are rare,[81][82] and a leak of a draft decision is unprecedented.[83][84] There is uncertainty about whether the leak violated federal laws,[nb 3] and experts differ as to whether the U.S. Department of Justice is likely to pursue criminal charges.[86][88]

Reactions

See also: 2022 abortion rights protests in the United States
An abortion-rights protest in New York City

Within hours of the news of the leak, both pro-abortion rights and anti-abortion protesters gathered outside the Supreme Court building in Washington, D.C., and elsewhere in the U.S.[89] The response to the draft has put unusual public pressure on the Court as it makes its decision in the case.[90] While over 450 large-scale marches and protests organized by Planned Parenthood, Women's March, and other groups under the name "Bans Off Our Bodies" were planned for 2022, the organizers pushed the event up to May 14, 2022, after the opinion leaked. The organizers said, "Folks are mobilizing because they see that the hour is later than we thought" and that the event would lead off a "summer of rage" if Roe and Casey were overturned.[91][92] A leaked Department of Homeland Security memo indicated that DHS was preparing for a surge of political violence on public officials, clergy, and abortion providers after the ruling.[93][94] A DHS bulletin warned that the leak had spawned further violence in the summer before the 2022 midterms.[95]

Nonviolent protests were held outside some of the justices' homes, leading the Senate to unanimously pass a bill that would temporarily expand protections for the justices and their families;[96] that bill has stalled in the House.[97] Republicans have argued that those protests violate a 1950 federal law that criminalizes attempting to influence a judge in the course of their official duties by demonstrating near their residence.[nb 4][96][98][99] A man from California was arrested for attempted murder of Justice Kavanaugh near his home over the leak, as well as a pending decision in a gun control case.[100][101]

The leak renewed calls from Democrats, including President Joe Biden and pro-abortion rights activists, for the U.S. Senate to pass the Women's Health Protection Act, which had already passed the House of Representatives, to codify the rights established by Roe and Casey before Dobbs was decided and supersede the Religious Freedom Restoration Act.[102][103][69][104] It failed to pass in the Senate on May 11, after a 49–51 vote that, as expected, primarily fell along party lines.[105][106] Biden denounced the draft opinion as "radical" and said that same-sex marriage and birth control were also at risk.[107][108][109]

Republicans immediately condemned the leak and called for the Supreme Court and Department of Justice, including the FBI, to launch an investigation. 22 members of Congress signed a letter asking the U.S. Attorney General and FBI director to investigate.[110] House Republican leadership issued a joint statement that called the leak "a clearly coordinated campaign to intimidate and obstruct the Justices".[111]

In May 2022, the Marquette Law School released a poll showing a drastic change of public opinion of the Supreme Court. In March 2022, when the survey was last conducted, 54% of respondents said they approved of the nine justices and 45% said they disapproved. In the newest survey, only 44% of respondents reported approval.[112] A June 2022 Gallup poll showed confidence in the Supreme Court at 25%, down from 36% in 2021 and the lowest in 50 years.[113]

Opinion of the Court

The Court issued its decision on June 24, 2022. In a 6–3 ruling, the Court held that abortion was not a protected right under the Constitution, overturning both Roe and Casey, and returned the decision regarding abortion regulations back to the states.[114]

Majority opinion

Samuel Alito delivered the opinion of the court.

The majority decision was written by Justice Samuel Alito and joined by Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. The final decision was substantially similar to the leaked draft.[114] Alito wrote in the majority opinion:[115]

We hold that Roe and Casey must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely — the Due Process Clause of the Fourteenth Amendment. That provision has been held to guarantee some rights that are not mentioned in the Constitution, but any such right must be 'deeply rooted in this Nation's history and tradition' and 'implicit in the concept of ordered liberty. It is time to heed the Constitution and return the issue of abortion to the people's elected representatives.

Alito stated that "Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division."[114] He further wrote that the right to an abortion was different from other privacy rights, "What sharply distinguishes the abortion right from the rights recognized in the cases on which Roe and Casey rely is something that both those decisions acknowledged: Abortion destroys what those decisions call 'potential life' and what the law at issue in this case regards as the life of an 'unborn human being'".[114] In addition to the existing language from the draft, Alito also responded to the dissent opinion in the final decision, stating "the dissent is very candid that it cannot show that a constitutional right to abortion has any foundation, let alone a 'deeply rooted' one, 'in this Nation's history and tradition.' The dissent does not identify any pre-Roe authority that supports such a right -- no state constitutional provision or statute, no federal or state judicial precedent, not even a scholarly treatise."[114]

Concurrences

Justices Thomas and Kavanaugh wrote separate concurrences.[116] Thomas argued that the decision in Dobbs to overturn Roe and Casey should be used to reconsider past Supreme Court cases that granted rights not explicit in the Constitution, such as Griswold v. Connecticut (the right to contraception), Obergefell v. Hodges (same-sex marriages), and Lawrence v. Texas (banned laws against sodomy). Thomas wrote "“Because any substantive due process decision is ‘demonstrably erroneous,’ we have a duty to ‘correct the error’ established in those precedents."[117]

Chief Justice John Roberts wrote a concurrent agreeing in judgement, in that the Court should reverse the Fifth Circuit's opinion on the Mississippi law, but did not agree to the majority's opinion to overturn Roe and Casey. Roberts suggested a more narrow opinion to justify the constitutionality of Mississippi's law while maintaining stare decisis.[114]

Dissent

Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan jointly wrote the dissent.[116] The three wrote, "The majority would allow States to ban abortion from conception onward because it does not think forced childbirth at all implicates a woman's rights to equality and freedom. Today's Court, that is, does not think there is anything of constitutional significance attached to a woman's control of her body and the path of her life. A State can force her to bring a pregnancy to term, even at the steepest personal and familial costs."[115] They additionally said,"With sorrow -- for this Court, but more, for the many millions of American women who have today lost a fundamental constitutional protection -- we dissent."[114]

Impact

After the Dobbs litigation began, the Texas Heartbeat Act was enacted on September 1, 2021. Two lawsuits challenging the law, Whole Woman's Health v. Jackson and United States v. Texas, quickly propagated through the court systems and reached the Supreme Court.[118] Oral arguments for both cases were on November 1, 2021, and decisions for both issued in December 2021. The decisions primarily focused on standing rather than directly addressing constitutional matters and abortion-related issues. The decisions in both cases allowed the Texas Heartbeat Act to remain in force while litigation continued in lower courts.[115] But concern that the Supreme Court was hearing three abortion-related cases in the 2021–22 term led to the near record number of amici curiae briefs filed for Dobbs before the December 1, 2021, oral hearings.[48]

Map showing which U.S. states that have trigger laws banning most abortions if Roe is overturned

Georgia passed Georgia House Bill 481, best known as the Living Infants Fairness Equality (LIFE) Act, in 2019. The law banned most abortions after a fetal heartbeat was detected. There were multiple exceptions for abortions between six and 20 weeks: if the fetus is conceived by rape or incest, the pregnancy is medically futile, or the pregnancy threatens the mother's life.[119] In addition, the law revised who is considered a legal person, allowing pregnant women to receive child support and tax deductions for their offspring before birth.[120] In October 2019, the LIFE Act was challenged and deemed unconstitutional under Roe by the U.S. District Court for the Northern District of Georgia. Georgia appealed this ruling to the Eleventh Circuit, but because Dobbs was scheduled to be argued in December 2021, the Circuit Court issued a stay of review until after the Supreme Court decided Dobbs.[121]

At least 22 states with Republican leadership either passed or were in the process of passing anti-abortion related bills when the Supreme Court agreed to hear Dobbs in May 2021. Enforcement of most of the new laws was enjoined by courts, but they will be enforceable if Roe is overturned.[122] Should a decision similar enough to Alito's draft for Dobbs be issued as a ruling by the Court, 13 states have trigger laws that will ban most abortions in the first and second trimesters if Roe is overturned.[123][124][125] The states with trigger laws are Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri,[126] North Dakota, Oklahoma,[127][128] South Dakota, Tennessee, Texas,[129] Utah, and Wyoming.[130] Nine states, among them Alabama,[nb 5] Arizona, Michigan, West Virginia, and Wisconsin, as well as the already mentioned Arkansas, Mississippi, Oklahoma, and Texas,[nb 6] never repealed their pre-Roe abortion bans. Those laws are not criminally enforceable due to Roe but would be enforceable if Roe were overturned.[124] At least some Democratic attorneys general or candidates for attorneys general have pledged not to enforce anti-abortion laws and prevent or hinder local prosecutors' efforts to enforce them, whereas at least some Republicans have pledged to enforce new state bans.[131]

Footnotes

  1. ^ "Roe v. Wade, 410 U.S. 113 (1973)". Justia. January 22, 1973. Retrieved May 12, 2022.
  2. ^ "Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992)". Justia. June 29, 1992. Retrieved May 12, 2022.
  3. ^ If the draft was obtained by computer fraud, theft, or other unlawful means, the leak violates federal criminal laws. But Supreme Court draft opinions are not considered classified, so the Espionage Act has not been violated. Whether government information applies to 18 U.S.C. § 641, a broad statute that prevents misuse of federal government property, remains an open question in federal law, and some legal scholars argue that this statute could apply in this case.[85][86][87]
  4. ^ 18 U.S.C. § 1507
  5. ^ See Human Life Protection Act
  6. ^ See Texas abortion statutes (1961)

References

  1. ^ "Press Releases" (Press release). Supreme Court of the United States. May 3, 2022. Archived from the original on May 6, 2022. Retrieved May 5, 2022.
  2. ^ Priussman, Todd (May 3, 2022). "Chief Justice John Roberts confirms draft of ruling to overturn Roe". Boston Herald. Archived from the original on May 9, 2022. Retrieved May 10, 2022.
  3. ^ Schuessler, Jennifer (May 4, 2022). "The Fight Over Abortion History". The New York Times. Archived from the original on May 7, 2022. Retrieved May 8, 2022.
  4. ^ a b Zeigler, Mary (May 18, 2021). "The Supreme Court just took a case that could kill Roe v. Wade — or let it die slowly". The Washington Post. Archived from the original on September 22, 2021. Retrieved May 19, 2021.
  5. ^ a b Ziegler, Mary (2015). After Roe: The Lost History of the Abortion Debate. Cambridge, Massachusetts: Harvard University Press. p. 98. ISBN 9780674736771. Archived from the original on May 25, 2022. Retrieved May 9, 2022.
  6. ^ Ziegler 2013, p. 35
  7. ^ Ziegler 2013, p. 36
  8. ^ Elving, Ron (May 8, 2022). "The leaked abortion decision blew up overnight. In 1973, Roe had a longer fuse". NPR. Archived from the original on May 9, 2022. Retrieved May 10, 2022.
  9. ^ Williams, Daniel K. (May 9, 2022). "This Really Is a Different Pro-Life Movement". The Atlantic. Archived from the original on May 10, 2022. Retrieved May 10, 2022.
  10. ^ a b Mason, Melanie (April 22, 2021). "State lawmakers continue crusade against Roe vs. Wade with flood of new abortion bills". Los Angeles Times. Archived from the original on May 17, 2021. Retrieved May 17, 2021.
  11. ^ a b Michaels, Chris (May 4, 2022). "US supreme court justices on abortion – what they've said and how they've voted". The Guardian. Archived from the original on May 4, 2022. Retrieved May 4, 2022.
  12. ^ a b c Barnes, Robert; Leonnig, Carol D.; Marimow, Ann E. (May 7, 2022). "How the future of Roe is testing Roberts's clout on Supreme Court". The Washington Post. Archived from the original on May 7, 2022. Retrieved May 8, 2022.
  13. ^ a b "Alito's draft opinion overturning Roe is still the only one circulated inside Supreme Court". POLITICO. Archived from the original on May 13, 2022. Retrieved May 13, 2022.
  14. ^ a b Kelly, Caroline; de Vogue, Ariane (May 17, 2021). "Supreme Court takes up major abortion case next term that could limit Roe v. Wade". CNN. Archived from the original on May 17, 2021. Retrieved May 17, 2021.
  15. ^ Sherman, Mark (May 17, 2021). "Supreme Court to take up major abortion rights challenge". Associated Press. Archived from the original on May 17, 2021. Retrieved May 17, 2021.
  16. ^ a b c d Gathright, Jenny (March 19, 2018). "Mississippi Governor Signs Nation's Toughest Abortion Ban Into Law". NPR. Archived from the original on May 17, 2021. Retrieved May 17, 2021.
  17. ^ "2019 Mississippi Code Title 41, 41-41-191(3)(j)". Justia. 2019. Archived from the original on May 13, 2022. Retrieved May 10, 2022.
  18. ^ a b c d e Hannan, Jeffrey (April 1, 2022). "Dobbs v. Jackson Women's Health Organization and the Likely End of the Roe v. Wade Era". Duke Journal of Constitutional Law & Public Policy Sidebar. 17: 282 (page 2 of the PDF). Archived from the original on June 24, 2022. Retrieved May 8, 2022.
  19. ^ "2019 Mississippi Code Title 41, 41-41-191(3)(h)". Justia. 2019. Archived from the original on May 13, 2022. Retrieved May 10, 2022.
  20. ^ "2019 Mississippi Code Title 41, 41-41-191(2)(b)(i)(8)". Justia. 2019. Archived from the original on May 13, 2022. Retrieved May 10, 2022.
  21. ^ "2019 Mississippi Code Title 41, 41-41-191(2)(b)(ii)". Justia. 2019. Archived from the original on May 13, 2022. Retrieved May 10, 2022.
  22. ^ "2019 Mississippi Code Title 41, 41-41-191(2)(b)(iv)". Justia. 2019. Archived from the original on May 13, 2022. Retrieved May 10, 2022.
  23. ^ Pittman, Ashton (July 22, 2021). "Mississippi Attorney General Asks Supreme Court To Overrule Roe v. Wade, Calling Case 'Overwhelming'". Mississippi Free Press. Archived from the original on May 10, 2022. Retrieved May 10, 2022.
  24. ^ Grinberg, Emanuella (November 21, 2018). "Judge notes 'sad irony' of men deciding abortion rights as he strikes Mississippi's abortion law". CNN. Archived from the original on May 17, 2021. Retrieved May 17, 2021.
  25. ^ Staley, Tori; Guo, Jenny (November 23, 2021). "Dobbs v. Jackson Women's Health Organization: Facts". Legal Information Institute Bulletin: The LII Supreme Court Bulletin. Archived from the original on May 6, 2022. Retrieved May 7, 2022.
  26. ^ Kelly, Caroline (December 13, 2019). "Court strikes down Mississippi 15-week abortion ban". CNN. Archived from the original on May 17, 2021. Retrieved May 17, 2021.
  27. ^ Claeys, Eric (March 2022). "Dobbs and the Holdings of Roe and Casey". Georgetown Journal of Law & Public Policy. 20: 286 (page 5 of the PDF). SSRN 4000873. Archived from the original on May 8, 2022. Retrieved May 8, 2022.
  28. ^ Blackman, Josh (March 30, 2020). "The Fifth Circuit's Inconsistent Approach to Certiorari and Abeyance". Reason. Archived from the original on May 17, 2021. Retrieved May 17, 2021.
  29. ^ de Vogue, Ariane (May 24, 2019). "Federal judge blocks Mississippi abortion law". CNN. Archived from the original on May 17, 2021. Retrieved May 17, 2021.
  30. ^ "2019 Mississippi Code Title 41, 41-41-34.1". Justia. 2019. Archived from the original on May 8, 2022. Retrieved May 10, 2022.
  31. ^ Hannan, Jeffrey (April 1, 2022). "Dobbs v. Jackson Women's Health Organization and the Likely End of the Roe v. Wade Era". Duke Journal of Constitutional Law & Public Policy Sidebar. 17: 283 (page 3 of the PDF). Archived from the original on June 24, 2022. Retrieved May 8, 2022.
  32. ^ "Jackson Women's Health Organization v. Dobbs, No. 19-60455 (5th Cir. 2020)". Justia US Law. February 20, 2020. Archived from the original on May 8, 2022. Retrieved May 8, 2022.
  33. ^ The Circuit Court opinion wrote: "If a ban on abortion after 15 weeks is unconstitutional, then it follows that a ban on abortion at an earlier stage of pregnancy is also unconstitutional." Kelly, Caroline (February 20, 2020). "Block on Mississippi's fetal-heartbeat abortion bill is upheld". CNN. Archived from the original on May 17, 2021. Retrieved May 17, 2021.
  34. ^ "Questions Presented: 19-1392 Dobbs v. Jackson Women's Health" (PDF). Supreme Court of the United States. May 17, 2021. Archived (PDF) from the original on January 9, 2022. Retrieved May 10, 2022. {{cite web}}: |archive-date= / |archive-url= timestamp mismatch; May 3, 2022 suggested (help)
  35. ^ Shimabukuro 2020, p. 2 and Fitch 2020, Reasons for Granting the Writ, Part I. The Court should grant certiorari and clarify that the right to a pre-viability abortion is not absolute, page 15 (page 28 of the pdf)
  36. ^ Shimabukuro 2020, p. 2 and Fitch 2020, Introduction, page 2 (page 15 of the pdf)
  37. ^ Shimabukuro 2020, p. 2 and Fitch 2020, Introduction, page 2 (page 15 of the pdf); the filing also cited a medical expert about fetal pain, see Reasons for Granting the Writ, Part I, Section B. Courts should consider a state's legitimate interests when assessing previability abortion regulation, Item 2. Concern for the growing baby, page 2 (page 37 of the pdf)
  38. ^ Shimabukuro 2020, p. 2 and Fitch 2020, Introduction, page 2 (page 15 of the pdf)
  39. ^ Shimabukuro 2020, p. 2 and Fitch 2020, Reasons for Granting the Writ, Part I, Section A. "Viability" is not an appropriate standard for assessing the constitutionality of a law regulating abortion, page 15 (page 28 of the pdf); the quote used was taken from Gonzales, 550 U.S. at 145, which was citing Casey, 505 U.S. at 846.
  40. ^ Hensley 2020 and Schneller 2020, Questions Presented, page i (page 2 of the pdf)
  41. ^ Hensley 2020 and Schneller 2020, Reasons for Denying the Petition, Introduction, page 1 (page 9 of the pdf)
  42. ^ Hensley 2020 and Schneller 2020, Reasons for Denying the Petition, Part I, Section B. The federal courts of appeal uniformly agree that bans on abortion before viability are unconstitutional, page 13 (page 21 of the pdf) and Part 1, Section C. The Fifth Circuit faithfully applied this Court's binding precedent, page 15 (page 23 of the pdf)
  43. ^ Hensley 2020 and Schneller 2020, Reasons for Denying the Petition, Introduction, page 1 (page 9 of the pdf)
  44. ^ Hensley 2020 and Schneller 2020, Reasons for Denying the Petition, Part I, Section A. The Court's precedent that bans on abortion before viability cannot stand is clear, pages 10–11 (pages 18–19 of the pdf)
  45. ^ Hensley 2020 and Schneller 2020, Reasons for Denying the Petition, Part I, Section A. The Court's precedent that bans on abortion before viability cannot stand is clear, page 12 (page 20 of the pdf)
  46. ^ Hensley 2020 and Schneller 2020, Reasons for Denying the Petition, Part I, Section A. The Court's precedent that bans on abortion before viability cannot stand is clear, page 13 (page 21 of the pdf)
  47. ^ Quinn, Melissa (May 17, 2021). "Supreme Court takes up blockbuster case over Mississippi's 15-week abortion ban". CBS News. Archived from the original on May 17, 2021. Retrieved May 17, 2021. and Whelan, Ed (May 17, 2021). "Supreme Court Grants Review in Mississippi Abortion Case". National Review. Archived from the original on May 8, 2022. Retrieved May 8, 2022.
  48. ^ a b "We read all the amicus briefs in Dobbs so you don't have to". SCOTUSblog. November 30, 2021. Archived from the original on January 9, 2022. Retrieved May 10, 2022.
  49. ^ "Dobbs v. Jackson Women's Health Organization". SCOTUSblog. Archived from the original on January 9, 2022. Retrieved May 10, 2022.
  50. ^ Shimabukuro 2021, p. 3 and Heritage Reporting Corporation 2021, page 8 (page 9 of the pdf)
  51. ^ Shimabukuro 2021, p. 3 and Heritage Reporting Corporation 2021, page 17 (page 18 of the pdf)
  52. ^ Shimabukuro 2021, p. 3 and Heritage Reporting Corporation 2021, page 21 (page 22 of the pdf)
  53. ^ Shimabukuro 2021, p. 3 and Heritage Reporting Corporation 2021, page 17 (page 18 of the pdf)
  54. ^ Shimabukuro 2021, p. 3 and Heritage Reporting Corporation 2021, pages 18 and 32 (pages 19 and 33 of the pdf)
  55. ^ Shimabukuro 2021, p. 3 and Heritage Reporting Corporation 2021, page 47 (page 48 of the pdf)
  56. ^ Shimabukuro 2021, p. 3 and Heritage Reporting Corporation 2021, page 78 (page 79 of the pdf)
  57. ^ Shimabukuro 2021, p. 3 and Heritage Reporting Corporation 2021, page 81 (page 82 of the pdf)
  58. ^ Shimabukuro 2021, p. 3 and Heritage Reporting Corporation 2021, page 82 (page 83 of the pdf)
  59. ^ Shimabukuro 2021, p. 3 and Heritage Reporting Corporation 2021, page 62 (page 63 of the pdf)
  60. ^ Shimabukuro 2021, p. 3 and Heritage Reporting Corporation 2021, page 69 and page 83 (page 70 and page 84 of the pdf)
  61. ^ Shimabukuro 2021, p. 3 and Heritage Reporting Corporation 2021, pages 51 and 60 (pages 52 and 61 of the pdf)
  62. ^ Shimabukuro 2021, pp. 3–4 and Heritage Reporting Corporation 2021, pages 84–85 (pages 85–86 of the pdf)
  63. ^ a b De Vogue, Ariane (December 1, 2021). "Supreme Court's conservatives lean towards limiting abortion rights after dramatic oral arguments on Mississippi law banning abortions after 15 weeks". CNN. Archived from the original on December 1, 2021. Retrieved December 1, 2021.
  64. ^ Claeys, Eric (March 2022). "Dobbs and the Holdings of Roe and Casey". Georgetown Journal of Law & Public Policy. 20: 296–297 (pages 15–16 of the PDF). SSRN 4000873. Archived from the original on May 8, 2022. Retrieved May 8, 2022.
  65. ^ Howe, Amy (December 1, 2021). "Majority of court appears poised to roll back abortion rights". SCOTUSBlog. Archived from the original on December 1, 2021. Retrieved December 1, 2021.
  66. ^ Breuninger, Kevin (December 1, 2021). "Supreme Court conservatives look ready to gut Roe v. Wade during arguments in Mississippi abortion case". CNBC. Archived from the original on December 1, 2021. Retrieved December 1, 2021.
  67. ^ a b c Gerstein, Josh; Ward, Alexander (May 2, 2022). "Supreme Court has voted to overturn abortion rights, draft opinion shows". Politico. Archived from the original on May 3, 2022. Retrieved May 2, 2022.
  68. ^ Gerstein, Josh (May 2, 2022). "Supreme Court: 10 key passages from Alito's draft opinion, which would overturn Roe v. Wade". Politico. Archived from the original on May 4, 2022. Retrieved May 4, 2022.
  69. ^ a b Biskupic, Joan; Sneed, Tierney; De Vodue, Ariane (May 3, 2022). "Supreme Court draft opinion that would overturn Roe v. Wade published by Politico". CNN. Archived from the original on May 3, 2022. Retrieved May 3, 2022.
  70. ^ a b "PR 05-03-22" (Press release). Supreme Court of the United States. May 3, 2022. Archived from the original on May 6, 2022. Retrieved May 10, 2022.
  71. ^ Fritze, John (May 3, 2022). "Supreme Court verifies authenticity of leaked opinion in abortion case but says decision not final". USA Today. Archived from the original on May 3, 2022. Retrieved May 3, 2022.
  72. ^ biographer, Joan Biskupic, CNN legal analyst & Supreme Court. "Behind the scenes at the secretive Supreme Court". CNN. Archived from the original on June 1, 2022. Retrieved June 1, 2022. {{cite web}}: |first= has generic name (help)CS1 maint: multiple names: authors list (link)
  73. ^ "Supreme Court marshal digs in on Roe opinion leak". POLITICO. Archived from the original on May 26, 2022. Retrieved May 26, 2022.
  74. ^ biographer, Joan Biskupic, CNN legal analyst & Supreme Court (May 31, 2022). "Supreme Court leak investigation heats up as clerks are asked for phone records in unprecedented move". CNN. Archived from the original on May 31, 2022. Retrieved May 31, 2022. {{cite web}}: |first= has generic name (help)CS1 maint: multiple names: authors list (link)
  75. ^ Sneed, Tierney (June 2022). "Escalation of the Supreme Court's leak probe puts clerks in a 'no-win' situation". CNN. Archived from the original on June 1, 2022. Retrieved June 1, 2022.
  76. ^ "Chief Justice Roberts responds to leaked Supreme Court draft opinion". ABC News. Archived from the original on May 5, 2022. Retrieved May 5, 2022.
  77. ^ de Vogue, Ariane; Cartaya, Maria (May 6, 2022). "John Roberts calls Supreme Court leak 'absolutely appalling'". CNN. Archived from the original on May 7, 2022. Retrieved May 7, 2022.
  78. ^ Vogue, Ariane de (May 6, 2022). "Thomas says government institutions shouldn't be 'bullied' following leak of draft opinion on abortion". CNN. Archived from the original on May 7, 2022. Retrieved May 7, 2022.
  79. ^ Gerstein, Josh. "Thomas blasts disclosure of draft Supreme Court opinion as 'tremendously bad'". POLITICO. Archived from the original on May 15, 2022. Retrieved May 15, 2022.
  80. ^ "Clarence Thomas says abortion leak has changed Supreme Court". AP NEWS. May 14, 2022. Archived from the original on May 15, 2022. Retrieved May 15, 2022.
  81. ^ Gregorian, Dareh (May 3, 2022). "Abortion opinion leak unprecedented but not a Supreme Court first". NBC News. Archived from the original on May 6, 2022. Retrieved May 6, 2022.
  82. ^ Gerstein, Josh (May 2, 2022). "How rare is a Supreme Court breach? Very rare". Politico. Archived from the original on May 3, 2022. Retrieved May 2, 2022. ... the high court has suffered from occasional leak problems since at least 1852.
  83. ^ Jones, Tom (May 2, 2022). "Why Politico's big Roe v. Wade scoop is unprecedented". Poynter. Archived from the original on May 3, 2022. Retrieved May 2, 2022.
  84. ^ Gajda, Amy (May 4, 2022). "The Roe v. Wade Opinion Is Not the First Supreme Court Leak". Wired. Archived from the original on May 4, 2022. Retrieved May 4, 2022.
  85. ^ Greenberg, Andy. "Is Leaking a Supreme Court Opinion a Crime? The Law Is Far From Clear". Wired. ISSN 1059-1028. Archived from the original on May 3, 2022. Retrieved May 3, 2022.
  86. ^ a b Zapotosky, Matt (May 3, 2022). "Justice Dept. not likely to charge in Supreme Court abortion leak". The Washington Post. Retrieved May 6, 2022.
  87. ^ Scarcella, Mike; Sloan, Karen; Thomsen, Jacqueline (May 4, 2022). "Explainer: Is it illegal to leak a U.S. Supreme Court opinion?". Reuters. Archived from the original on May 3, 2022. Retrieved May 4, 2022.
  88. ^ Peters, Jeremy W. (May 8, 2022). "Supreme Court Leak Inquiry Exposes Gray Area of Press Protections". The New York Times. ISSN 0362-4331. Archived from the original on May 9, 2022. Retrieved May 9, 2022.
  89. ^ Lonas, Lexi (May 3, 2022). "Protests erupt at Supreme Court after report of draft opinion overturning Roe v. Wade". The Hill. Archived from the original on May 3, 2022. Retrieved May 2, 2022.
  90. ^ "Abortion draft puts unusual public pressure on Supreme Court". AP News. May 4, 2022. Archived from the original on May 4, 2022. Retrieved May 5, 2022.
  91. ^ Borter, Gabriella (May 14, 2022). "U.S. abortion rights activists start 'summer of rage' with Saturday protests". Reuters. Archived from the original on May 14, 2022. Retrieved May 14, 2022.
  92. ^ Ngo, Madeleine; Fadulu, Lola (May 14, 2022). "'The Hour Is Later Than We Thought': Thousands Gather at Marches for Abortion Rights". The New York Times. Archived from the original on May 14, 2022. Retrieved May 14, 2022.
  93. ^ Kight, Sophia Cai,Stef W. (May 18, 2022). "Leaked memo shows DHS preparing for violence after abortion ruling". Axios. Archived from the original on May 18, 2022. Retrieved May 18, 2022.{{cite web}}: CS1 maint: multiple names: authors list (link)
  94. ^ CNN, Whitney Wild. "DHS warns of threats against Supreme Court in wake of leaked draft Roe opinion". CNN. Archived from the original on May 18, 2022. Retrieved May 18, 2022. {{cite web}}: |last= has generic name (help)
  95. ^ CNN, Whitney Wild (June 7, 2022). "DHS bulletin warns US could see more volatile threats fueled by election misinformation and upcoming Supreme Court abortion ruling". CNN. Archived from the original on June 7, 2022. Retrieved June 7, 2022. {{cite web}}: |last= has generic name (help)
  96. ^ a b Zaslav, Ali; Dean, Jessica; Barrett, Ted (May 9, 2022). "Senators quickly pass bill to expand security for families of Supreme Court justices". CNN. Archived from the original on May 9, 2022. Retrieved May 9, 2022.
  97. ^ CNN, Daniella Diaz. "Bill that would increase security for families of Supreme Court justices is stalled in House". CNN. Archived from the original on June 11, 2022. Retrieved June 8, 2022. {{cite web}}: |last= has generic name (help)
  98. ^ CNN, Tierney Sneed (May 12, 2022). "Republicans call for DOJ to enforce law that would bar abortion rights demonstrators from protesting at justices' homes". CNN. Archived from the original on May 12, 2022. Retrieved May 12, 2022. {{cite web}}: |last= has generic name (help)
  99. ^ CNN, Tierney Sneed. "Republicans claim a 1950 law makes Roe protests at justices' homes illegal. Here's what to know". CNN. Archived from the original on May 13, 2022. Retrieved May 13, 2022. {{cite web}}: |last= has generic name (help)
  100. ^ CNN, Katelyn Polantz, Joan Biskupic and Chandelis Duster (June 8, 2022). "Armed man arrested near Brett Kavanaugh's home charged with attempting to murder a US judge". CNN. Archived from the original on June 8, 2022. Retrieved June 8, 2022. {{cite web}}: |last= has generic name (help)CS1 maint: multiple names: authors list (link)
  101. ^ "US man charged with attempted murder of Justice Brett Kavanaugh". BBC News. June 8, 2022. Archived from the original on June 8, 2022. Retrieved June 8, 2022.
  102. ^ Chu, Judy (February 28, 2022). "Text - H.R.3755 - 117th Congress (2021-2022): Women's Health Protection Act of 2021". www.congress.gov. Archived from the original on May 13, 2022. Retrieved May 13, 2022.
  103. ^ "Explaining the Senate's Abortion Bill and How It Has Changed". WSJ. Archived from the original on May 13, 2022. Retrieved May 13, 2022.
  104. ^ "'Whole range of rights could now be at risk' if Roe v. Wade is overturned, Biden says: Live updates". USA Today. May 3, 2022. Archived from the original on May 5, 2022. Retrieved May 6, 2022.
  105. ^ Kapur, Sahil (May 11, 2022). "Senate Democrats' bill to keep abortion legal nationwide falls to GOP-led filibuster". NBC News. Archived from the original on May 11, 2022. Retrieved May 11, 2022.
  106. ^ CNN, Analysis by Stephen Collinson (May 12, 2022). "Analysis: Democrats are still searching for a coherent strategy to save abortion rights". CNN. Archived from the original on May 13, 2022. Retrieved May 13, 2022. {{cite web}}: |last= has generic name (help)
  107. ^ "Remarks by President Biden Before Air Force One Departure". The White House. May 3, 2022. Archived from the original on May 10, 2022. Retrieved May 10, 2022.
  108. ^ Miller, Zeke; Gresko, Jessica (May 3, 2022). "Biden blasts 'radical' Roe v. Wade draft, warns other rights at risk". CTV News. Associated Press. Archived from the original on May 3, 2022. Retrieved May 3, 2022.
  109. ^ CNN, Sam Fossum and Shawna Mizelle (May 12, 2022). "Biden predicts that if Supreme Court overturns Roe v. Wade, same-sex marriage will be next". CNN. Archived from the original on May 13, 2022. Retrieved May 13, 2022. {{cite web}}: |last= has generic name (help)
  110. ^ Rose, John (May 5, 2022). "Dear Attorney General Garland and Director Wray" (PDF). Congressman John Rose: Serving the Sixth District of Tennesee. Archived (PDF) from the original on May 8, 2022. Retrieved May 5, 2022.
  111. ^ Quinn, Melissa (May 3, 2022). "Leaked draft opinion suggests Supreme Court may overturn Roe v. Wade". CBS News. Archived from the original on May 4, 2022. Retrieved May 4, 2022.
  112. ^ Cole, Devan (May 25, 2022). "New poll: 54% of Americans disapprove of Supreme Court following Roe draft opinion leak". CNN. Archived from the original on May 25, 2022. Retrieved May 25, 2022.
  113. ^ Jones, Jeffrey M. (June 23, 2022). "Confidence in U.S. Supreme Court Sinks to Historic Low". Gallup. Archived from the original on June 24, 2022. Retrieved June 24, 2022.
  114. ^ a b c d e f g de Vogue, Arinne (June 24, 2022). "Supreme Court overturns Roe v. Wade". CNN. Archived from the original on June 24, 2022. Retrieved June 24, 2022.
  115. ^ a b c Mangan, Dan (June 24, 2022). "Supreme Court overturns Roe v. Wade, ending 50 years of federal abortion rights". CNBC. Archived from the original on June 24, 2022. Retrieved June 24, 2022. Cite error: The named reference "cnbc decision" was defined multiple times with different content (see the help page).
  116. ^ a b Howe, Amy (June 24, 2022). "Supreme Court overturns constitutional right to abortion". SCOTUSblog. Archived from the original on June 24, 2022. Retrieved June 24, 2022.
  117. ^ Brandom, Russell (June 24, 2022). "The Supreme Court has overturned Roe v. Wade". The Verge. Archived from the original on June 24, 2022. Retrieved June 24, 2022.
  118. ^ Liptak, Adam (November 1, 2021). "Supreme Court Appears Open to Letting Providers Challenge Texas Abortion Law". The New York Times. Archived from the original on November 24, 2021. Retrieved November 25, 2021.
  119. ^ Smith, Nathan (May 7, 2019). "Governor Brian Kemp Signs Living Infants Fairness and Equality Act". GeorgiaPol.com. Archived from the original on May 7, 2022. Retrieved May 7, 2022.
  120. ^ Griffin, Mike (2019). "Heartbeat Bill: Struck Down but Not Defeated". Georgia Baptist Mission Board. Archived from the original on September 28, 2020. Retrieved May 7, 2022.
  121. ^ Goldsmith, Jill (September 27, 2021). "Georgia Appeals Court Stays Review Of Hollywood Hub's Abortion Law Ahead Of Supreme Court Case". Deadline Hollywood. Archived from the original on September 28, 2021. Retrieved September 27, 2021.
  122. ^ Kelly, Caroline (May 18, 2021). "More states are expected to pass anti-abortion bills challenging Roe v. Wade ahead of monumental Supreme Court case". CNN. Archived from the original on May 18, 2021. Retrieved May 19, 2021.
  123. ^ "What if Roe Fell?". Center for Reproductive Rights. February 21, 2019. Archived from the original on May 9, 2019. Retrieved May 5, 2022.
  124. ^ a b Jones, Rachel K.; Witwer, Elizabeth; Jerman, Jenna (June 1, 2020). "Abortion Policy in the Absence of Roe". Guttmacher Institute. doi:10.1363/2019.30760. S2CID 203813573. Archived from the original on May 6, 2022. Retrieved July 6, 2020. {{cite journal}}: Cite journal requires |journal= (help)
  125. ^ Smith, Kate (April 22, 2019). "Abortion would automatically be illegal in these states if Roe v. Wade is overturned". CBS News. Archived from the original on May 14, 2019. Retrieved May 5, 2022.
  126. ^ "Missouri's 'trigger law' is ready for Roe's demise. What happens then?". STLPR. May 6, 2022. Archived from the original on May 6, 2022. Retrieved May 7, 2022.
  127. ^ "Oklahoma governor signs bill to ban abortion if SCOTUS rules". Associated Press. April 28, 2021. Archived from the original on July 27, 2021. Retrieved May 5, 2022.
  128. ^ Tristan Justice (April 13, 2022). "Oklahoma Prepares For The End Of Roe With New Abortion Ban". The Federalist. Archived from the original on May 8, 2022. Retrieved May 4, 2022.
  129. ^ Najmabadi, Shannon (June 16, 2021). "Gov. Greg Abbott signs bill that would outlaw abortions if Roe v. Wade is overturned". The Texas Tribune. Archived from the original on September 3, 2021. Retrieved September 3, 2021.
  130. ^ Exchange, Wyoming Tribune Eagle via Wyoming News. "Gov. Gordon signs 'trigger ban' abortion bill". Cody Enterprise. Archived from the original on March 16, 2022. Retrieved May 10, 2022.
  131. ^ "Dem AGs pledge to hold the line if Roe falls". POLITICO. Archived from the original on May 13, 2022. Retrieved May 13, 2022.
  • Schneller, Hillary (August 19, 2020). "Brief in Opposition" (PDF). Dobbs v. Jackson Women's Health Organization. 19-1392.

Further reading

External links

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Texts of the two state laws

Oral arguments

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