Dobbs, American Federalism, and State Abortion Policymaking: Restrictive Policies Alongside Expansion of Reproductive Rights

Abstract

The U.S. Supreme Court’s June 2022 decision in Dobbs v. Jackson Women's Health Organization overturning Roe v. Wade shifted abortion-policy decision-making from the national level to the state level and opened the door for states to individually determine the level of protection for reproductive rights. We examine state actions following Dobbs and discuss the near-term implications of the decision for federalism and state governments. One effect of the Dobbs decision, evident in actions taken by some state legislatures, has been to open a window for states to enact laws imposing greater limits on reproductive options for women. However, another effect of Dobbs has been to create a greater demand for confirming and in some cases expanding reproductive rights, as seen by state constitutional amendments, supreme court decisions, and statutes protecting reproductive rights and safeguarding access to abortion services.

The Need for Educational Research Engagement With Courts, Public Policy, and Practice in a Post-Dobbs Era

“…State policymakers passed laws impeding access to abortions, such as excessive regulation of providers, waiting periods, restricted insurance coverage, and parental consent for minors. State legislatures kept or passed "trigger" laws that would ban abortion, if Roe were overturned (Mayer et al, 2023). Federal policy, such as the Affordable Care Act, also allowed states to pass restrictions, including the ability to limit insurance coverage for abortions (Boonstra & Nash, 2014).…”