SCOTUS Overrules Roe v. Wade: Part I: Potentially Wide-Ranging Impact on Companies Navigating Employee Benefits, Privacy Protections, and Law Enforcement Demands

On June 24, 2022, the Supreme Court issued its opinion in Dobbs v. Jackson Women's Health Organization. Authored by Justice Alito, the decision, which hewed closely to the draft opinion that was leaked on May 2, 2022, upheld the Mississippi abortion ban at issue (6-3) and further held that the Constitution does not grant a right to abortion (5-4), overturning the landmark decisions in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. Four justices—Thomas, Gorsuch, Kavanaugh, and Barrett—joined Alito for a 5-4 holding overturning Roe. This opinion will have far reaching impact on the “liberty and equality of women” across America, as Justices Breyer, Sotomayor, and Kagan argue in their dissent. Additionally, Justice Thomas’s concurring opinion indicates that the Court’s work may not be done with regard to reevaluating its other key substantive due process precedents that read a privacy right into the Constitution, including rights to contraception and same-sex marriage.

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