STATE CONSTITUTIONS AND STATE ABORTION LAWS AFTER DOBBS

Authors

DeBoer, Michael J.

Abstract

This Article surveys a sampling of developments in state constitutional law and state abortion laws after the United States Supreme Court issued its decision in Dobbs v. Jackson Women’s Health Organization. The Article’s discussion of these developments is organized around the effects that these developments will likely have in maintaining or increasing the supply of abortion services and abortifacient products, decreasing the supply of these services and products, and decreasing the demand for these services and products. This survey shows that the citizens of the states, either through their voting on ballot measures or through their elected representatives, have exercised their restored authority, which the Dobbs Court concluded was wrongly taken from the people by its decisions in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. This Article concludes with several observations regarding the level of attention given to particular constitutional and statutory developments, the potential for short-lived state constitutional developments, and the coupling of supply-reducing and demand-reducing initiatives in some states, and it advocates for demand- reducing initiatives in all states.

Recommended Citation

DeBoer, Michael J., STATE CONSTITUTIONS AND STATE ABORTION LAWS AFTER DOBBS, 64 Santa Clara L. Rev. 217 (2024).
Available at: https://digitalcommons.law.scu.edu/lawreview/vol64/iss1/4