Yesterday’s U.S. Supreme Court ruling on Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade, is one that causes grave concern. National access to safe and legal abortions, a protected right for nearly 50 years, is gone. States have the green light to decide whether legal abortions will occur within their jurisdiction. Several states have “trigger laws” in place–laws that outlaw legal abortion access upon Roe’s overturning, and often impose civil or criminal penalties upon anyone attempting to provide these services. Even in states that currently retain legal abortion access, such as here in Minnesota, bills are being introduced to undermine that right. Minnesota has recognized abortion as a fundamental right since the 1995 case, Doe v. Gomez. This opinion certainly strikes a chord in the minds of legal scholars across the political spectrum. What is certain is that this opinion will destabilize the law in ways that are yet to be imagined. Legal issues from Dobbs will take significant time to resolve.
This ruling will undoubtedly have additional implications for people in Black, Brown, Indigenous, Queer, and Disability communities where pregnancy complications occur at higher rates. Low-income people living in states where abortion is now illegal will face additional barriers such as costs of travel and lodging if they need to access this essential care.
In the majority opinion, Justice Alito stated that no other fundamental rights are in question in the Dobbs case. Justice Thomas’s concurring opinion, however, validates additional fears. In it, he states, “[I]n future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.” These cases deal with the right to buy and use contraceptives, sexual privacy, and gay marriage, respectively. Protecting these rights is imperative and will require constant vigilance from the legal community.
The Mitchell Hamline Law Review’s purpose and vision is to advance legal theory and discussion on issues of local, national, and international importance. The right to a safe and legal abortion is deeply important and deeply personal to millions of people around the country and to many the Mitchell Hamline Law Review’s Editorial Board. Several of us are extremely disappointed with yesterday’s holding, but our resolve to nurture and inspire resilient, brave, and outspoken attorneys remains as strong as ever.
Sincerely,
Deven Bowdry, Editor-in-Chief, with consideration and input from members of the Mitchell Hamline Law Review Volume 49 Editorial Board