FDA Preemption: Implications of Dobbs Decision for Uniform Access to FDA-Approved Drugs in the U.S.

Manatt Health August 8, 2022
Rachel L. Sher

The Big Picture

On June 24, in Dobbs v. Jackson Women’s Health Organization, the Supreme Court held that the “Constitution does not confer a right to abortion. Roe [v. Wade] and Casey [v. Planned Parenthood] must be overruled, and the authority to regulate abortion must be returned to the people and their elected representatives.”¹ And on that date, the ability to obtain an abortion immediately became dependent upon where one lives. All forms of abortion (medication and surgical) are now banned or mostly banned in 13 states, and several others are expected to follow suit in the coming weeks.

As disruptive as this ruling is for the provision of women’s health services in the United States, there are also lurking...

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