Health Affairs March 29, 2024
Nicole Huberfeld, Karen Basen-Engquist, Beth Y. Karlan, Margaret Katana Ogongo, K. Robin Yabroff

When the US Supreme Court overturned Roe v. Wade in 2022, the justices declared more than seven times that the decision would “return the issue of abortion to the people’s elected representatives.” Dobbs v. Jackson Women’s Health Organization suggested this would free the judiciary of a role in abortion policy debates, but quite the opposite has occurred. Overturning constitutional protection for access to abortion has unleashed confusion, chaos, and conflict across states with incompatible laws, between state and federal laws, and at the patient’s bedside. Dobbs did not remove abortion from the dockets: In the first quarter of 2024, the US Supreme Court will hear two new abortion-related cases, one involving Food and Drug Administration (FDA) regulation of mifepristone, the...

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