Consequences (partial list):

As of 2023-06-17:
Abortion Banned: (13) AL, AR, ID, KY, LA, MI, MS, ND, OK, SD, TN, TX, WV.
Ban at 6 weeks: (1) GA.
Ban blocked by state court: (8) AZ, FL, IN, OH, SC, UT, WI, WY.
No law: (10) AK, IA, KS, NE, NC, NM, MT, NH, PA, VA.
Abortion Protected: (19) CA, CO, CT, DC, DE, HI, IL, ME, MD, MA, MN, MI, NJ, NV, NY, OR, RI, VT, WA.
See Ballotpedia, KFF tracker, WSJ.

Notable Items:

Alito: The regulation of a medical procedure that only one sex can undergo does not trigger heightened constitutional scrutiny unless the regulation is a “mere pretex[t] designed to effect an invidious discrimination against members of one sex or the other.” Geduldig v. Aiello, 417 U. S. 484, 496, n. 20 (1974).
Alito: And as the Court has stated, the “goal of preventing abortion” does not constitute “invidiously discriminatory animus” against women. Bray v. Al- exandria Women’s Health Clinic, 506 U. S. 263, 273–274 (1993
See Reva Seigal's Equal Protection in Dobbs and Beyond: How States Protect Life Inside and Outside of the Abortion Context"

Petitioner: Thomas E Dobbs, State Health Officer of the Mississippi Department of Health
Respondent: Jackson Women’s Health Organization, and one of its doctors
Venue: Supreme Court of the United States
Opinion of the Court: Dobbs v. Jackson Women's Health Organization (2022)

Issue(s) Before the Court:

We granted certiorari, 593 U. S. ___ (2021), to resolve the question whether “all pre-viability prohibitions on elective abortions are unconstitutional,” [page 8]
[Compare with Roberts statement of the issue in his concurrance]

Petitioner's Claim(s):

... that Roe and Casey were wrongly decided and that “the Act is constitutional because it satisfies rational-basis review.”

Respondent's Claim(s):

... that allowing Mississippi to ban pre-viability abortions “would be no different than overruling Casey and Roe entirely.” Brief for Respondents 43.
... that “no half-measures” are available: We must either reaffirm or overrule Roe and Casey.

Holding(s) and Disposition:

  1. The Constitution does not confer a right to abortion;
  2. Roe and Casey are overruled; and
  3. the authority to regulate abortion is returned to the people and their elected representatives.
  4. rational-basis review is the appropriate standard ... if state abortion regulations undergo constitutional challenge
Disposition: The judgment of the Fifth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion.

Material Facts:

Procedural History:


Alito Majority Opinion (Thomas, Gorsuch, Kavanaugh, Barrett) (seventy-nine pages)

Thomas Concurrance (seven pages)

Kavanaugh Concurrance (twelve pages)

Roberts Concurrance (twelve pages)

Breyer, Sotomayor, Kagan Dissent (sixty-six pages)

Full Recounting of Facts

Majority Full Argument