Political Science and Theory: Reproductive Law

Reproductive Law - Cases & Summaries

Reproductive Rights - U.S. Supreme Court Cases

Created by FindLaw's team of legal writers and editors | Last updated October 19, 2018

Reproductive rights in America can vary significantly from one state to the next. Each jurisdiction has its own slate of laws relating to abortion, contraception, and family planning. New abortion laws are constantly being drafted across the country, and they often get challenged in court.

The final arbiter on these laws is the U.S. Supreme Court.

This article highlights significant cases of national prominence over the years. There are cases involving the reproductive rights of individuals, including the right to use contraception, plan a family, rear children, and gain access to reproductive healthcare. The links are to the full text of the U.S. Supreme Court decisions.

U.S. Supreme Court Decisions on Reproductive Rights

Pierce v. Society of Sisters (1925) - Cited in over 100 Supreme Court cases, the Court in this case found a constitutional right of parents to send their children to private schools.

Skinner v. Oklahoma (1942) - This decision holds that states may not impose sterilization as a penalty for a crime to weed out "unfit" individuals from the gene pool.

Prince v. Massachusetts (1944) - This decision established that the government has authority to regulate the actions and treatment of children - even against parental authority - according to the best interest of the child's welfare. In this case, the Court held that a mother may be prosecuted for having her children distribute religious literature.

Griswold v. Connecticut (1965) - The Court in this case struck down a law that prohibited married couples from using birth control and thereby found a constitutional right of married couples to use contraceptives.

Eisenstadt v. Baird (1972) - This decision established that unmarried people have the same contraception rights as married couples and may thereby engage in non-procreative sexual intercourse on the same basis.

Roe v. Wade (1973) - In this landmark case, the Court held that women have a constitutional right to terminate their pregnancies up to 12-weeks through abortion. After the 12-week mark, however, the Court found that states have a greater interest in regulating a woman's right to privacy in this area. Read a detailed discussion of this landmark case.

Carey v. Population Services International (1977) - The Court expanded constitutional protections in the area of birth control by allowing makers of contraceptives more freedom to distribute and sell their products to teens. Prior to this decision, only licensed doctors and pharmacists could distribute birth control to minors.

Planned Parenthood v. Casey (1992) - Reaffirming the essential holding in Roe v. Wade, the Court in this case held that states may regulate other aspects of abortion, such as imposing a waiting period to obtain an abortion or requiring that abortion providers explain the risks of abortion.

Ayotte v. Planned Parenthood (2006) - The Court refused to strike down parental notification law on its face where only a few applications of the law present a constitutional problem.

Gonzales v. Carhard (2007) - In a 5-4 decision, the Court upheld the federal ban on so-called "partial-birth" abortions.

McCullen v. Coakley (2014) - The Court struck down a Massachusetts abortion clinic "buffer zone" law that kept protesters more than 11 yards away from patients. The abortion clinic "buffer zone" effectively cut off free speech efforts on sidewalks and other public thoroughfares, the Court ruled.

Burwell v. Hobby Lobby (2014) - The Supreme Court ruled 5-4 that requiring family-owned corporations to pay for insurance coverage for contraception under the Affordable Care Act violated a federal law protecting religious freedom. The Court ruled that a federal religious-freedom law applied only to “closely held” for-profit corporations run on religious principles.

Whole Woman's Health v. Hellerstedt (2016) - Texas passed a law requiring all abortion providers to have admitting privileges at a hospital within 30 miles of where the abortion was performed, which would have cut the number of abortion clinics in half. In a 5-3 decision, the Supreme Court held that this law placed an undue burden on women seeking an abortion - as it severely limited abortion access - and was therefore unconstitutional.
June Medical Services v. Russo (2020) - Louisiana passed a law nearly identical to the one struck down in Whole Woman's Health v. Hellerstedt. The Supreme Court stuck to precedent and declared Louisiana's law unconstitutional. However, this was a 5-4 decision, as Justice Gorsuch, who was appointed in 2017, joined the dissenting conservative justices.
Dobbs v. Jackson Women's Health Organization (2022) - Hoping that the addition of Justices Kavanaugh and Barrett would lead to a more receptive court, Mississippi's legislature enacted a law that prohibited all abortions after 15 weeks. This clearly violated previous Supreme Court decisions and was designed as a vehicle to overturn Roe v. Wade. The Supreme Court, in a 5-3 decision, did so, holding that the Constitution does not provide a right to abortion and specifically invalidated both Roe and Casey. The result is that abortion rights are now regulated by state law.

Have Your Reproductive Rights Been Violated? An Attorney Can Help You

Understanding your reproductive rights and the Supreme Court cases that continue to shape them is crucial. But these laws can get complicated and some of the finer points are often best left to the professionals who understand the law and how it can apply to your situation. Get help today from an experienced family law attorney near you.

https://www.findlaw.com/family/reproductive-rights/reproductive-rights-u-s-supreme-court-cases.html

5Subsequent Judicial Developments (since Roe v Wade)

https://en.wikipedia.org/wiki/Roe_v._Wade#Subsequent_judicial_developments

Pages with More Lists of Abortion Legal Cases

ACLU - Timeline of Important Reproductive Freedom Cases Decided by the Supreme Court
https://www.aclu.org/other/timeline-important-reproductive-freedom-cases-decided-supreme-court"

Landmark Cases - For nearly 30 years, the Center for Reproductive Rights has secured court rulings that have fundamentally transformed the landscape of reproductive health and rights for people around the world.
https://reproductiverights.org/our-work/landmark-cases/

Recent Case Highlights - The Center for Reproductive Rights is litigating dozens of cases in state, national and regional courts against harmful laws that restrict access to abortion and other reproductive rights.
https://reproductiverights.org/our-work/case-highlights/

How Griswold v. Connecticut Led to Legal Contraception
https://www.verywellhealth.com/griswold-v-connecticut-1965-906887

How US states have banned, limited or protected abortion
https://apnews.com/article/supreme-court-abortion-ruling-states-a767801145ad01617100e57410a0a21d

Types of Abortion Restrictions in the United States

Abortion is the termination of human pregnancy, often performed in the first 28 weeks of pregnancy. In 1973, the United States Supreme Court in Roe v. Wade recognized a constitutional right for people with uteruses in the United States to obtain an abortion without excessive government restriction, and in 1992 the Court in Planned Parenthood v. Casey invalidated restrictions that create an undue burden on people seeking abortions. Since then, there has continued to be an abortion debate in the United States, and some states have passed laws in the form of regulation of abortions but which have the purpose or effect of restricting its provision. The proponents of such laws argue they do not create an "undue burden".^[1] Some state laws that impact the availability of abortions have been upheld by courts.

https://en.wikipedia.org/wiki/Types_of_abortion_restrictions_in_the_United_States

ChatGPT on Roe, Dobbs & Congressional Policymaking

Me - ChatGPT can you expand the included paragraph below into a 10 to 20 paragraph essay?

Dobbs v. Jackson Women's Health Organization (2022) - Hoping that the addition of Justices Kavanaugh and Barrett would lead to a more receptive court, Mississippi's legislature enacted a law that prohibited all abortions after 15 weeks. This clearly violated previous Supreme Court decisions and was designed as a vehicle to overturn Roe v. Wade. The Supreme Court, in a 5-3 decision, did so, holding that the Constitution does not provide a right to abortion and specifically invalidated both Roe and Casey. The result is that abortion rights are now regulated by state law.

[text: https://caselaw.findlaw.com/us-supreme-court/19-1392.html ]

ChatGPT-3.5 - Dobbs v. Jackson Women's Health Organization is a landmark Supreme Court decision that has overturned Roe v. Wade and Casey, two key precedents that have long safeguarded women's reproductive rights. In this case, Mississippi's legislature enacted a law that prohibited all abortions after 15 weeks, hoping that the addition of Justices Kavanaugh and Barrett would lead to a more receptive court. The Supreme Court, however, held that the Constitution does not provide a right to abortion, paving the way for states to regulate abortion rights as they see fit.

This decision is significant for several reasons. First, it has effectively ended the long-standing legal battle over abortion rights, which has been raging since Roe v. Wade was decided in 1973. For nearly five decades, women across the United States have relied on Roe and Casey to protect their right to choose, but with these precedents now invalidated, the landscape has dramatically shifted.

Second, the decision represents a significant victory for anti-abortion advocates, who have been working tirelessly to restrict access to abortion at the state level. With the Supreme Court's blessing, states can now pass increasingly restrictive laws that limit access to abortion, such as mandatory waiting periods, parental consent requirements, and bans on certain procedures.

However, the decision also has profound implications for women's health and wellbeing. Abortion is a safe and common medical procedure that one in four women will undergo in their lifetime. By allowing states to regulate abortion rights, the Supreme Court has effectively opened the door to a patchwork of laws that could significantly limit access to this essential healthcare service.

Moreover, the decision could have particularly devastating consequences for marginalized communities, including women of color, low-income women, and LGBTQ+ individuals, who may face additional barriers to accessing abortion care. These populations are already disproportionately impacted by restrictive abortion laws, and the Supreme Court's decision will only exacerbate these disparities.

In addition to the impact on women's health and wellbeing, the decision could also have broader implications for the role of the Supreme Court in American democracy. Overturning Roe v. Wade and Casey represents a significant departure from long-standing legal precedent and could be seen as a politicization of the Court. This decision has also reignited the debate over the role of the Court in shaping American law and policy, with some arguing that it is the Court's duty to protect individual rights, while others argue that the Court should defer to the will of the people, as expressed through their elected representatives.

Moreover, the decision could also have a significant impact on the political landscape in the United States. Abortion has long been a contentious issue in American politics, with both major parties taking firm stances on the issue. With the Supreme Court effectively removing itself from the debate, states will now have more freedom to pass laws that reflect the views of their constituents. This could result in a further polarization of the political landscape, as states with more liberal or conservative electorates pass laws that reflect their values.

In conclusion, Dobbs v. Jackson Women's Health Organization represents a significant turning point in the fight for reproductive rights in the United States. By invalidating Roe v. Wade and Casey, the Supreme Court has effectively ended the legal battle over abortion rights and opened the door to a patchwork of state laws that could significantly limit access to this essential healthcare service. The decision has profound implications for women's health and wellbeing, as well as for the role of the Supreme Court in American democracy and the political landscape more broadly. While the full impact of the decision remains to be seen, it is clear that it will shape the future of reproductive rights in the United States for years to come.

................................................
Me - what kinds of policies could congress make to give back women the rights they had under roe?

ChatGPT - Congress has limited power to directly reverse or nullify Supreme Court decisions, but there are several policy options that lawmakers could pursue to help protect and expand women's reproductive rights in the wake of Dobbs v. Jackson Women's Health Organization.

One option would be for Congress to pass federal legislation that explicitly protects the right to abortion. For example, lawmakers could pass a bill that codifies the protections of Roe v. Wade into federal law, ensuring that women's reproductive rights are protected regardless of what happens at the state level. Such a bill could also prohibit states from enacting restrictive abortion laws that violate the right to choose.

Another option would be for Congress to use its power of the purse to protect reproductive rights. For example, lawmakers could attach language to federal funding bills that prohibits the use of federal funds for any abortion restrictions or policies that limit access to reproductive healthcare services. This would ensure that federal dollars are not used to fund discriminatory policies that harm women's health and wellbeing.

Congress could also take steps to improve access to affordable reproductive healthcare services. For example, lawmakers could increase funding for Title X, a federal program that provides family planning services to low-income individuals, or expand Medicaid coverage to include comprehensive reproductive healthcare services. These steps would help ensure that all women, regardless of their income level, have access to the healthcare they need to make informed decisions about their bodies and their lives.

Another option would be for Congress to use its oversight and investigatory powers to hold states accountable for policies that violate women's reproductive rights. For example, lawmakers could hold hearings to investigate the impact of restrictive abortion laws on women's health and wellbeing, and use their findings to pressure states to repeal harmful policies.

Finally, Congress could work to address the underlying social and economic factors that contribute to women's need for reproductive healthcare services. For example, lawmakers could pass legislation to address income inequality, improve access to education and job training, and strengthen social safety net programs. By addressing these broader issues, Congress could help reduce the need for abortion services and create a more just and equitable society for all women.

In conclusion, while Congress has limited power to directly reverse the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization, there are several policy options that lawmakers could pursue to help protect and expand women's reproductive rights. By passing federal legislation, using their power of the purse, improving access to healthcare services, using their oversight powers, and addressing underlying social and economic factors, Congress could help ensure that women have the freedom to make their own healthcare decisions and live healthy and fulfilling lives.

......................................
Me - how does congress codify something into policy that is just a legal case?

ChatGPT - When Congress "codifies" a Supreme Court decision into federal law, they are essentially taking the principles established by the court in that case and enshrining them in a formal piece of legislation. This means that the protections and rights established by the Supreme Court decision are now backed up by federal law, making it more difficult for states to pass laws that violate those rights.

In the case of Roe v. Wade, for example, Congress could pass a bill that explicitly states that the Constitution protects a woman's right to choose to have an abortion. The bill could also prohibit states from passing laws that interfere with that right or impose unnecessary restrictions on access to abortion services.

When Congress passes a bill, it must go through a series of steps to become law. First, a member of Congress introduces the bill, and it is assigned to a committee for review. The committee may hold hearings and make changes to the bill before it is sent to the full House of Representatives or Senate for a vote. If the bill passes in one chamber, it must be reconciled with any similar bills passed in the other chamber before being sent to the President for signature.

Once a bill is signed into law by the President, it becomes part of the United States Code, which is the official compilation of federal laws. This means that the protections and rights established by the Supreme Court decision have now been codified into federal law and are enforceable by the federal government.

While Congress cannot directly overrule a Supreme Court decision, it does have the power to legislate in areas where the Court has established legal principles. By codifying those principles into federal law, Congress can help ensure that they are protected and enforced at the federal level, regardless of any future court decisions or changes in state law.

http://openai.com/

Medications for Abortion -under construction

The Availability and Use of Medication Abortion
https://www.kff.org/womens-health-policy/fact-sheet/the-availability-and-use-of-medication-abortion/

Medications for Abortion
https://www.drugs.com/condition/abortion.html

Medication abortion is still possible with just one drug. Here's how it works
https://www.npr.org/sections/health-shots/2023/04/10/1168857095/misoprostol-only-medical-abortion

Information about Mifepristone for Medical Termination of Pregnancy Through Ten Weeks Gestation
https://www.fda.gov/drugs/postmarket-drug-safety-information-patients-and-providers/information-about-mifepristone-medical-termination-pregnancy-through-ten-weeks-gestation

Medication Abortion Now Accounts for More Than Half of All US Abortions
https://www.guttmacher.org/article/2022/02/medication-abortion-now-accounts-more-half-all-us-abortions

Drugs for Treatment of Abortion
https://www.medindia.net/drugs/medical-condition/abortion.htm

Medication abortions are under fire: Here’s how they work
https://apnews.com/article/how-medication-abortion-works-f913375ec6f8ebcb1f1055e57a3aef63

What is medication abortion? Your questions answered
https://www.aamc.org/news-insights/what-medication-abortion-your-questions-answered

Abortion procedures - medication
https://www.betterhealth.vic.gov.au/health/healthyliving/abortion-procedures-medication