Three Years Later: Dobbs v. Jackson's Legislative Legacy

by Lauren Boyer

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Roe v. Wade stood like a tall shadow over the pro-life movement since its inception. When Dobbs v. Jackson overturned it, it became clear that what in theory was a beautiful movement toward the right to life was met in reality with anger and crime. Nonprofits meant to assist struggling mothers with material needs were vandalized, and to many onlookers it seemed that beyond the initial pushback, there must be some greater end to this change than the violence that accompanied it. Many were left wondering how such polarization began, and where — or if — it would end.  

The constitution is the highest power in America. It is the country’s moral compass. Whether or not judges personally agree with its claims holds no meaning. It is the ship’s sail as well as its anchor. The rights embedded into the constitution have been held high for almost 250 years and are a big part of why so many are proud to be called Americans. 

So when Roe v. Wade promised the right to an abortion, pro-choice Americans took the validation of the courts to heart. However, pro-life opposition quickly grew, rooted in the conviction that human life has value from the moment it begins. Therefore, to declare life a right in one state but not another over an unborn child’s age discrepancy should qualify as discrimination. Arguments for incest and rape also fall short to the value the constitution gives to life. While life is a right, quality of life is often a privilege.

The overturning of Roe v. Wade by Dobbs v. Jackson in 2022 made it seem like the world was changing. In some ways it was. Now, abortion was a state issue instead of a federal one. Instead of holding a constitutional basis for their beliefs, the pro-choice movement was resigned to personal convictions in the battle over the lower courts. 

While Dobbs v. Jackson seemed to promise a new, fairer world where unborn Americans were as safe as the mothers who bore them, the principles it’s built on have faced three years of battleground, including a ground-shifting presidential election and more. So how is Dobbs v. Jackson holding up three years later?

While it’s true more women have begun to cross state borders to obtain an abortion, most are still having their abortions in their states of residence. More women have also begun obtaining abortions via telehealth, though the majority of abortions still take place at brick-and-mortar centers. While abortion is not eradicated by pro-life states, it is limited by state laws that reduce the number of brick-and-mortar abortion facilities.  

Over one million abortions take place each year, but since Dobbs v. Jackson there has been a greater rise in saved lives. According to Johns Hopkins Bloomberg School of Public Health and colleagues, “abortion bans in 14 states resulted in 22,180 additional live births and 478 additional infant deaths above what would have been expected in the absence of these bans.” The fertility rate was higher than expected in particular groups, such as racial minorities, unmarried individuals, younger individuals, medicaid beneficiaries, and individuals without college degrees. 

Dobbs v. Jackson far from ended abortion in America, but there’s no doubt many Americans wouldn’t be here today without it. Maybe the next baby saved by abortion restrictions will find the cure to cancer. We’ll never know what potential these little ones hold until they get the chance to use it. Thankfully, the Dobbs case seems to have made that more likely.