Elena M. Quattrone and Sarah M. Hall, attorneys in the Health Care & Life Sciences practice, in the firm’s New York and Washington, DC, offices, respectively, co-authored an article in Law360, titled “3 Abortion Enforcement Takeaways 1 Year After Dobbs.” (Read the full version – subscription required.)
Following is an excerpt (see below to download the full version in PDF format):
Nearly one year ago, on June 24, 2022, the U.S. Supreme Court released its opinion in Dobbs v. Jackson Women's Health Organization, overturning Roe v. Wade — the 1973 landmark ruling that established the constitutional right to abortion.
Since the release of Dobbs, companies involved in reproductive health care and health care providers that operate in states where abortion is banned or restricted have faced a quagmire of laws and risks regarding enforcement, and with it, much uncertainty.
The risk landscape for health care providers, companies, employers seeking to provide access to services for their employees, and others affected by the Dobbs decision has not been static, but rather in flux.
Over the past year, the federal government — particularly the U.S. Department of Justice and the U.S. Department of Health and Human Services — and myriad states have introduced new legislation and issued guidance on a near-daily basis, contributing to the legal uncertainty stakeholders face in this space.
After Dobbs, state law has become the prevailing authority in setting abortion restrictions. Some states have rapidly enacted restrictive legislation and continue to contemplate their enforcement strategy, while other states have maintained their pre-Dobbs status quo, while still other states sought to enhance abortion access.
