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Dobbs v. Jackson Women's Health Organization

Jun. 24, 2022

Special Coverage

In This Issue:

Dobbs v. Jackson Women's Health Organization

Roe v. Wade and Planned Parenthood of Southeastern Pa. v. Casey were overruled because the Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision.

Roe v. Wade

States cannot prevent a woman from terminating a pregnancy pre-viability, but the State's interest in the potential life becomes compelling after viability such that they may regulate abortion.

Planned Parenthood of Southeastern Pennsylvania v. Casey

A woman may terminate a pregnancy pre-viability, but a state may regulate pre-viability abortions if the regulation does not impose an undue burden on the woman seeking an abortion.

Constitutional Law

Proposed abortion amendment to California Constitution is flawed, say 2 scholars, authors say it's not

Allison Macbeth, a research fellow at the California Constitution Center at UC Berkeley School of Law, and Elizabeth Bernal, a Hastings Law Journal editor, wrote that SCA 10 lacks the specific language and references to recent federal case law needed to uphold abortion rights in the state.

U.S. Supreme Court, Constitutional Law

We should be scared

With its lack of regard for precedent, we likely are on the verge of major upheaval in a way that has not been seen since 1937, when the Court overruled 40 years of precedents that had limited the ability of Congress and states to enact progressive legislation protecting workers and consumers.

Constitutional Law

The abortion rights debate: three points that need more attention

The religious roots of the anti-abortion laws have been mentioned by our courts, but they have not been fully confronted. The fact is that the notion of protecting “potential life” is a religious idea – not a secular one.

U.S. Supreme Court, Constitutional Law

Reversing Roe and ignoring what we know as people

There's a precept in law which acts as a check on law's full and sometimes misguided application. It is that judges should not ignore, as judges, what they know as people. This precept, designed to keep the law from overtaking our lives, was cruelly and ironically on display through its absence in the Court's reversal of Roe v. Wade.

U.S. Supreme Court, Constitutional Law

DOBBS: What’s next?

The Dobbs court disclaims any "authority or expertise to adjudicate" disputes about the status of a fetus (Dobbs, at p. 65), but that will not keep the issue from coming before the court in the form of a challenge to the right to travel to obtain an abortion.

Health Care & Hospital Law, Constitutional Law

What happens when Alabama indicts a California doctor for prescribing abortion medication?

The talk-show refrain of “just let the states have different rules” is not how the justice system works. If a California doctor prescribes abortion medication to a patient who returns home and takes the medication in Alabama, then Alabama could indict the doctor, and under the ordinary operation of both federal and state law, California would arrest the doctor and send her in cuffs to Alabama to face felony charges. If we don’t want that to happen, we’ll need some changes to our laws.

U.S. Supreme Court, Constitutional Law

Preliminary proposals for dealing with an urgent problem

Is California ready for out-of-state indictments of our doctors for providing abortion services to women travelling here from states that have criminalized abortion? We need to focus on our extradition laws, right now.

Constitutional Law

Reproductive and healthcare rights of service women depend on their duty station

Even under the protection of Roe v. Wade, service women were having a difficult time. A 2018 online survey showed that women were required to seek abortion-related services off base. None of the women who were able to pay for their abortion received any follow-up care from military health providers.

U.S. Supreme Court, Constitutional Law

The U.S. Supreme Court should order rehearing of abortion case

At this point, the Court is in a quandary which could have long term effects on the institution itself, causing it to lose credibility.

U.S. Supreme Court

Never say never: Overturning Roe v. Wade not so uncertain after all

As sobering as it is that a SCOTUS law clerk could do this, what if the leaker is another justice on the court?

U.S. Supreme Court, Constitutional Law

Becoming a modern day Harriet Tubman on the Overground Reproductive Railroad

How pro-choice Californians (including lawyers) can help those in "no choice" states seeking reproductive health care. Six steps California lawyers can take as America awaits the final opinion in Mississippi (Dobbs) v. Jackson


California pledges abortion protection

When news broke Monday night of a leaked U.S. Supreme Court opinion overturning Roe v. Wade, Gov. Gavin Newsom and Democratic leaders quickly announced they would introduce a voter initiative to enshrine abortion access into the state Constitution.