The US Supreme Court held in Dobbs v. Jackson Women’s Health Organization, that the Constitution does not confer a right to abortion, overruling long-standing precedent in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. Since the Dobbs decision, trigger laws in 13 states have banned or will shortly ban abortions, and another 13 states are expected to follow suit. While trigger laws are being challenged in court, there is no question that many states will successfully ban, or severely curtail, abortions within their borders. Moreover, a number of those states would impose criminal penalties on abortion providers, pregnant people, and/or individuals or entities that “aid and abet” abortions. The Dobbs decision and states’ efforts to ban, curtail and/or criminalize abortions have created multiple legal issues that affect individuals and employers.
This article was originally published on the website of Fox Rothschild LLP on July 1, 2022.