Dobbs v. Jackson Women's Health Organization (2022)
Deciding Court: Supreme Court of the United States
Citation: 597 U.S. 215 (2022)
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Dobbs v. Jackson Women’s Health Organization, 597 U.S. 215 (2022), is a landmark decision in which the Supreme Court overruled Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), holding that the Constitution does not confer a right to abortion. The 5-4 decision, written by Justice Samuel Alito, returned the question of abortion regulation to the states.
Facts of the Case
Mississippi enacted the Gestational Age Act, which prohibited abortions after 15 weeks of pregnancy, with limited exceptions. The only abortion clinic in Mississippi challenged the law, arguing that it violated the right to abortion recognized in Roe and Casey. The Court granted certiorari to decide whether all pre-viability prohibitions on elective abortion are unconstitutional.
The Majority Opinion
Justice Alito held that the Constitution does not protect a right to abortion. The Court applied a history and tradition analysis, asking whether the right to abortion is deeply rooted in the nation’s history and tradition. The Court concluded that it is not: abortion was criminalized at common law and by statute in most states when the Fourteenth Amendment was ratified.
The Court held that Roe and Casey were egregiously wrong and had caused damaging consequences. The Court criticized Roe for creating a right not found in the constitutional text and for disrupting the political process of abortion regulation. The Court emphasized that the Constitution should be interpreted based on its original meaning, not on evolving standards of decency.
The Overruling of Roe and Casey
The Court overruled both Roe and Casey, holding that the doctrine of stare decisis did not require retaining those decisions. The Court cited the unworkability of the viability standard, the lack of reliance interests, and the erosion of the decisions’ doctrinal foundations. The Court returned the authority to regulate abortion to the people and their elected representatives.
The Concurrence and Dissent
Justice Clarence Thomas concurred, arguing that the Court should also reconsider other substantive due process precedents, including Griswold v. Connecticut, Lawrence v. Texas, and Obergefell v. Hodges. Chief Justice Roberts concurred in the judgment, arguing that the Court should have upheld the Mississippi law without overruling Roe and Casey.
Justice Breyer, Sotomayor, and Kagan dissented, arguing that the decision stripped women of a constitutional right they had relied on for fifty years. The dissent emphasized the importance of stare decisis and criticized the majority for abandoning the principle of respect for precedent.
Legacy
Dobbs is one of the most consequential Supreme Court decisions in modern history. The decision immediately triggered abortion bans in numerous states and led to a dramatic change in the legal landscape of abortion regulation. The case has generated extensive litigation over state abortion laws, including questions about interstate travel for abortion, medication abortion access, and the scope of state constitutional abortion protections.