Abortion Law After Dobbs: Federal and State Legal Landscape
This report examines the legal landscape for abortion regulation following the Supreme Court's decision in Dobbs v. Jackson Women's Health Organization (2022), which overturned Roe v. Wade and returned abortion regulation to the states. It provides an overview of state abortion laws enacted or triggered after Dobbs.
The report discusses federal legal issues, including the application of the Emergency Medical Treatment and Labor Act (EMTALA) to emergency abortion care, the regulation of medication abortion through the FDA, and the Comstock Act's potential application to the mailing of abortion-related materials.
Congressional considerations include proposals to codify or restrict abortion rights at the federal level, conscience protection legislation, federal funding restrictions under the Hyde Amendment, and interstate commerce issues related to abortion travel and telemedicine.
Note: This is a summary of a Congressional Research Service report. CRS reports are prepared for Members of Congress and their staffs. This summary is provided for informational purposes and does not constitute legal advice.