Glossary

Dobbs v. Jackson Women's Health Organization

The 2022 Supreme Court decision holding that the Constitution does not confer a right to abortion, returning the issue to elected officials.

Also called: Dobbs, Dobbs v. Jackson Women's Health Organization (2022)

Dobbs v. Jackson Women's Health Organization (2022) concerned a Mississippi law banning most abortions after 15 weeks of pregnancy. By a 6-3 vote on the outcome, the Supreme Court upheld the law, and a five-justice majority led by Justice Samuel Alito overruled Roe v. Wade (1973) and Planned Parenthood v. Casey (1992).

The majority reasoned that the Constitution does not mention abortion and that no such right is "deeply rooted in this Nation's history and tradition," the test for substantive due process rights. It said Roe was egregiously wrong and that stare decisis did not require preserving it. Regulation of abortion returned to the people and their elected representatives, and laws would be reviewed under rational basis review. Chief Justice John Roberts concurred in the judgment only, preferring a narrower ruling.

Pro-life advocates welcomed the decision as correcting a legal error; many states have since banned or restricted abortion, including through heartbeat laws, while others have enacted protections. Critics, including the three dissenting justices, argued the ruling dismissed decades of precedent and endangered other rights grounded in the same doctrine. The Court's majority stated its decision did not affect other precedents. See also pro-life.

Last reviewed November 8, 2026

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Related terms

Substantive due process A doctrine holding that the Due Process Clauses protect certain fundamental rights from government interference, not just fair procedures. Stare decisis The principle that courts should generally follow their prior decisions, giving the law stability and predictability. Heartbeat law A state law banning abortion once cardiac activity can be detected in an embryo, generally around six weeks of pregnancy. Pro-life The position, and movement, that regards unborn human life as deserving legal protection and opposes abortion, with varying views on exceptions. Hyde Amendment A rider, in place since 1976, that bars federal funds from paying for abortions except in cases of rape, incest or danger to the mother's life.