Abortion and the Law in the United States: From Roe to Dobbs and Beyond

Abstract

This Note traces the evolution of US constitutional law from Roe v. Wade (1973), which established a right to abortion, to Dobbs v. Jackson (2022), which overturned Roe along with Planned Parenthood v. Casey (1992) and returned the issue to the states. It examines the questions of constitutional interpretation raised by Dobbs. It considers practical challenges, including the patchwork of state laws, the prevalence of medical abortion, and the aggressive stance taken by both sides. Finally, it proposes elements for a principled compromise about law in the United States, which takes seriously the full humanity of the unborn and is attentive to other jurisprudentially relevant factors, including lack of support for women facing crisis pregnancies and the relationship between race and abortion.

Challenges for the Pro-Life Movement in a Post-Roe Era

“…29 Incrementalist pro-lifers might view a stable and national fifteen-week compromise as the best foundation to promote a "culture of life" that values unborn children. 30 Thinking about the question of depth versus breadth of pro-life legal influence will require pro-life leaders to consider the purpose of the pro-life movement. Is it to establish a "city on the hill," a perfect pro-life community, which should serve as an ideal and model for other communities?…”