Dobbs and State-by-State Inequality
What changed after the Supreme Court’s 2022 Dobbs decision, and why abortion law now differs substantially from state to state.
What Dobbs decided
On June 24, 2022, the Supreme Court decided Dobbs v. Jackson Women’s Health Organization and overruled Roe v. Wade and Planned Parenthood v. Casey. The Court held that the U.S. Constitution does not itself confer a right to abortion and returned authority over abortion regulation to elected governments.
The immediate legal effect
After Dobbs, states became free to prohibit, restrict, or protect abortion subject to other constitutional and federal-law limits. Existing state constitutions, statutes, court decisions, and voter-approved amendments therefore became much more important.
Why access differs by state
Because states adopted different laws, the legality, timing, availability, and practical accessibility of abortion can vary depending on where a person lives or receives care.
- Some states prohibit most abortions with limited exceptions.
- Other states protect abortion by statute, state constitutional law, or both.
- Gestational limits and exceptions vary from state to state.