Overview
In June 2022, in Dobbs v. Jackson Women’s Health Organization, the Supreme Court reversed Roe v. Wade, and held that abortion is no longer a fundamental constitutional right under the Substantive Due Process Clause to the U.S. Constitution. Instead, under the federal Constitution, abortion restrictions will be subject to rational basis review. In the 18 months since Dobbs was decided, there has been a flurry of litigation in state and federal courts, as well as a tremendous push for policy changes.

Specific issues to be addressed include:

• Review of the holding of Dobbs v. Jackson Women’s Health Organization and review which states have banned abortion (5 minutes)
• Discussion of federal constitutional challenges unaffected by Dobbs including federal court decision blocking an abortion restriction under rational basis review (10 minutes)
• Discussion of challenges in state courts to total abortion bans and bans on abortion at different points in pregnancy (15 minutes)
• Review of the various proactive and defensive policy measures in the states, including ballot initiatives and state legislation (10 minutes)
• Discussion of the federal policy initiatives, including executive orders and Department of Justice lawsuits (5 minutes)
• Review of lawsuits challenging efforts to prohibit referring or assisting people who leave a state where abortion is banned to go to a state where abortion is legal (5 minutes)
• Future threats to reproductive health care access, including the push for a nationwide abortion ban, and efforts to restrict or ban contraception (5 minutes)
• How attorneys can engage pro bono (5 minutes)

Who Should Attend: Anyone looking to stay up to date on the fast-changing post-Dobbs legal landscape