Three Considerations For Health Care Providers After The Dobbs Decision

• Published date: 28 June 2022
• Law Firm: Foley & Lardner
• Author: Mr Claire N. Marblestone

Last week, the Supreme Court issued a decision in Dobbs v. Jackson Women's Health, holding that the Constitution does not confer a right to abortion, and overruling precedent established by Roe v. Wade, 410 U.S. 113,and Planned Parenthood of Southern Pa. v. Casey,505 U.S. 833. Health care providers that provide a full spectrum of women's health care services, including abortion, will need to understand how the Dobbs decision impacts the care they can provide to patients. Absent a federal protection of a patient's ability to obtain an abortion, providers operating in this space will need to understand the scope of State laws that apply to abortion services. Below are three key considerations that health care providers will need to consider.

1) Know the permissible scope of abortion services in the State.

Prior to the Dobbs decision, Supreme Court precedent protected the ability of a patient to receive an abortion in the first trimester of pregnancy, and allowed States to regulate abortions as long as the law did not place an "undue burden" on the right to an abortion. In light of the Dobbs decision which removes federal protection to the right to...