Abortion Access: Post-Dobbs Litigation Themes

Overview

Following the Court’s decision in Dobbs, some states have sought to provide greater or enhanced protections for abortion access. Other states, however, have initiated a series of measures to greatly limit or inhibit abortions. These actions include (a) implementation of pre-existing “trigger” laws banning procedures the moment abortion was no longer a federal constitutional right; (b) enforcement of decades-old laws banning abortion that were never repealed (following the Supreme Court’s initial decision affirming a right to abortion in Roe); and (c) passage of new statutes restricting abortions. This fact sheet provides an illustrative discussion of key emerging themes from litigation challenging state-based anti-abortions laws or policies.