Client Alert: SCOTUS Overrules Roe v. Wade: Part I: Potentially Wide-Ranging Impact on Companies Navigating Employee Benefits, Privacy Protections, and Law Enforcement Demands
Publications
June 28, 2022
On June 24, 2022, the Supreme Court issued its opinion in Dobbs v. Jackson Women's Health Organization. Authored by Justice Alito, the decision, which hewed closely to the draft opinion that was leaked on May 2, 2022, upheld the Mississippi abortion ban at issue (6-3) and further held that the Constitution does not grant a right to abortion (5-4), overturning the landmark decisions in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. Four justices—Thomas, Gorsuch, Kavanaugh, and Barrett—joined Alito for a 5-4 holding overturning Roe. This opinion will have far reaching impact on the “liberty and equality of women” across America, as Justices Breyer, Sotomayor, and Kagan argue in their dissent. Additionally, Justice Thomas’s concurring opinion indicates that the Court’s work may not be done with regard to reevaluating its other key substantive due process precedents that read a privacy right into the Constitution, including rights to contraception and same-sex marriage.
Immediately, the Court’s Dobbs decision means that there is no longer a federal constitutional right to an abortion, and thus abortion procedures and medication will be governed by the laws of each state. Access to abortion is expected to be severely restricted or banned outright in nearly half of the states. In Part II of this alert, we discuss the status of abortion laws in states across the country.
Read the full alert here.
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
Publications
June 28, 2022
On June 24, 2022, the Supreme Court issued its opinion in Dobbs v. Jackson Women's Health Organization. Authored by Justice Alito, the decision, which hewed closely to the draft opinion that was leaked on May 2, 2022, upheld the Mississippi abortion ban at issue (6-3) and further held that the Constitution does not grant a right to abortion (5-4), overturning the landmark decisions in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey. Four justices—Thomas, Gorsuch, Kavanaugh, and Barrett—joined Alito for a 5-4 holding overturning Roe. This opinion will have far reaching impact on the “liberty and equality of women” across America, as Justices Breyer, Sotomayor, and Kagan argue in their dissent. Additionally, Justice Thomas’s concurring opinion indicates that the Court’s work may not be done with regard to reevaluating its other key substantive due process precedents that read a privacy right into the Constitution, including rights to contraception and same-sex marriage.
Immediately, the Court’s Dobbs decision means that there is no longer a federal constitutional right to an abortion, and thus abortion procedures and medication will be governed by the laws of each state. Access to abortion is expected to be severely restricted or banned outright in nearly half of the states. In Part II of this alert, we discuss the status of abortion laws in states across the country.
Read the full alert here.
Related Lawyers
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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The Form Rules Everything: A Seventh Circuit Ruling on ERISA's Substantial Compliance Doctrine
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