Abortion and Reproductive Freedom: Constitutional and Practical Issues.

Abstract

In Dobbs v. Jackson Women's Health, the Supreme Court reversed constitutional protection for abortion. The law will affect the practice of medicine and patients. Practitioners should understand the decision. Protection for reproductive liberties has a checkered history. Much of the constitutional controversy is over the basis for reproductive rights, "substantive due process," the proposition that substantive rights arise from a procedural guarantee in the fourteenth amendment. The change in constitutional protection for abortion will play out differently among the states. Physicians should be prepared to assist patients with new rules and to participate in the public discussion of reproductive liberties.