Dobbs v. Jackson Women’s Health Organization
The court held that the United States Constitution does not confer a right to abortion.
142 S. Ct. 2228 · No. 19-1392 · 2021 term · Roberts Court
Decided Jun 24, 2022 · argued Dec 1, 2021
Privacy · Abortion: including contraceptives
Landmark · Birth control and abortionOverruled precedent
Majority opinion: Samuel Alito
The voteMajorityDissent
6–36 in the majority, 3 in dissent
3 dissents (6–3)
Reversed and remanded. Dobbs won.
What this ruling means
Reversed and remanded: the Supreme Court overturned the decision of the U.S. Court of Appeals, Fifth Circuit and sent the case back to that court for further proceedings that follow the Supreme Court’s ruling.
Dobbs was the petitioner, the side that asked the Supreme Court to review the case. “Won” means the Court gave that side the result it asked for.
From the Supreme Court Database. A justice who agreed with the result but not the reasoning counts in the majority.
Summary
The opening of the case’s Wikipedia article: what the case was about and what the Court held.
Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022), is a landmark decision of the United States Supreme Court in which the court held that the United States Constitution does not confer a right to abortion. The court's decision overruled both Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), recognizing the authority of state governments to regulate any aspect of abortion that federal law does not preempt.
The case concerned the constitutionality of a 2018 Mississippi state law that banned most abortion operations after the first 15 weeks of pregnancy. Jackson Women's Health Organization—Mississippi's only abortion clinic at the time—had sued Thomas E. Dobbs, state health officer with the Mississippi State Department of Health, in March 2018. Lower courts had enjoined enforcement of the law. The injunctions were based on the ruling in Planned Parenthood v. Casey (1992), which had prevented states from banning abortion before fetal viability, generally within the first 24 weeks, on the basis that a woman's choice for abortion during that time is protected by the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution.
Oral arguments before the Supreme Court were held in December 2021. In May 2022, Politico published a leaked draft majority opinion by Justice Samuel Alito; the leaked draft largely matched the final decision. On June 24, 2022, the Court issued a decision that, by a vote of 6–3, reversed the lower court rulings. A smaller majority of five justices joined the opinion overturning Roe and Casey. The majority held that abortion is neither a constitutional right mentioned in the Constitution nor a fundamental right implied by the concept of ordered liberty that comes from Palko v. Connecticut. Chief Justice John Roberts agreed with the judgment upholding the Mississippi law but did not join the majority in the opinion to overturn Roe and Casey.
The decision was divisive. Prominent American scientific and medical communities, labor unions, editorial boards, most Democrats, and many religious organizations (including many Jewish and mainline Protestant churches) opposed Dobbs, while the Catholic Church, many evangelical churches, and many Republican politicians supported it. Protests and counterprotests over the decision occurred. There have been conflicting analyses of the impact of the decision on abortion rates.
Data notes
The text is Wikipedia’s (CC BY-SA 4.0), matched to the case by its citation, docket number or name and year, and is not checked against the opinion. The site keeps the article’s opening section, ending on its last full sentence. The one-sentence summary under the title is the Decisions list’s: Wikipedia’s own ruling sentence, or, tagged “AI-written”, one Claude wrote from this opening.
How the justices voted
Each justice who took part, placed by their Martin–Quinn ideology score for the 2021 term. Filled: the 6 in the majority. Hollow: the 3 in dissent. Colour is the party of the president who appointed them.
Majority(6)
Samuel AlitoWrote the majority opinion
John RobertsWrote a concurrence
Clarence ThomasWrote a concurrence
Brett KavanaughJoined the majority
Neil GorsuchJoined the majority
Amy BarrettJoined the majority
Dissent(3)
Sonia SotomayorJoined a dissent
Stephen BreyerJoined a dissent
Elena KaganJoined a dissent
Data notes
Each justice’s vote and what they wrote are from the justice-centered file of the Supreme Court Database. “Wrote a concurrence” means the justice sided with the majority and wrote separately; a justice who dissented in part is counted on the side they took overall. A justice who wrote nothing is listed as joining their side.
Positions are each justice’s Martin–Quinn score for the case’s term, the same scores as the Ideology page: negative is more liberal, positive more conservative. A score sums up a justice’s votes across the whole term, so it says where they usually sit, not why they voted as they did here. The median line is the Court’s median justice that term.
The parties
Who brought the case to the Court, who answered it, and how it got there.
- Petitioner
- DobbsState department or agency (Mississippi)
- Respondent
- Jackson Women’s Health OrganizationHealth organization or person, nursing home, medical clinic or laboratory, chiropractor
- Reached the Court by
- Certiorari (the Court chose to hear it)
Data notes
The names are the two sides of the case’s title. The description under each is the Supreme Court Database’s category for that party, in its own wording. The petitioner is the side that asked the Supreme Court to review the decision below. “Why it was taken” appears only when the majority opinion says lower courts disagreed or were unsure about the question; reasons that would fit any case (“to resolve the question presented”, “an important question”) are left out.
The law at issue
The law the Court was asked to apply, and the kind of power it used to decide.
- Provision
- Fourteenth Amendment (due process)
- Kind of law
- Constitutional Amendment
- Decided by
- Judicial review (state level); Federal common law
- Precedent
- The Court overruled one of its own earlier decisions.
Data notes
The Supreme Court Database codes the main constitutional provision, statute or court rule each case turned on, and the basis of the decision: judicial review of a federal or state law, interpreting a statute, supervising the lower courts, and so on. A case can rest on more than one. “Overruled” counts only where the majority opinion says so.
Timeline
What happened at the Court and how the case got there, newest first.
- Jun 24, 2022DecidedDecided · Decided 6–3: reversed and remanded. Dobbs won.
- Dec 1, 2021ArguedArgued · Oral argument before the Court.
- Not datedTaken upTaken up · The Supreme Court agreed to hear the case (certiorari).
- Not datedCourt belowCourt below · Decided by the U.S. Court of Appeals, Fifth Circuit: reversed and remanded.
- Not datedBeganBegan · The case began in the Mississippi Southern U.S. District Court.
Data notes
From the Supreme Court Database: the court the case began in, the court whose decision the Supreme Court reviewed and what that court did, how the case came to the Court, and the dates of argument and decision. The database does not date the steps in the lower courts. Court names are the database’s.
Other decisions on the same issue
39 other argued cases since 1946 on abortion, including contraceptives, newest first.
- Moyle v. United States144 S. Ct. 2015Jun 27, 2024 · 144 S. Ct. 2015Privacy6–36–3 band
- Food and Drug Administration v. Alliance for Hippocratic Medicine602 U.S. 367Jun 13, 2024 · 602 U.S. 367Privacy9–0Unanimous band
- June Medical Services LLC v. Russo140 S. Ct. 2103Jun 29, 2020 · 140 S. Ct. 2103Privacy5–45–4 band
- National Institute of Family and Life Advocates v. Becerra138 S. Ct. 2361Jun 26, 2018 · 138 S. Ct. 2361Privacy5–45–4 band
- Whole Woman's Health v. HellerstedtLandmark · Birth control and abortion579 U.S. 582Jun 27, 2016 · 579 U.S. 582PrivacyLandmark · Birth control and abortion5–36–3 band
- McCullen v. Coakley573 U.S. 464Jun 26, 2014 · 573 U.S. 464Privacy9–0Unanimous band
- Alberto R. Gonzales, Attorney General v. Leroy Carhart, et al.Landmark · Birth control and abortion550 U.S. 124Apr 18, 2007 · 550 U.S. 124PrivacyLandmark · Birth control and abortion5–45–4 band
- Joseph Scheidler, et al. v. National Organization for Women, Inc., et al.547 U.S. 9Feb 28, 2006 · 547 U.S. 9Privacy8–0Unanimous band
- Kelly A. Ayotte, Attorney General of New Hampshire v. Planned Parenthood of Northern New England, et al.546 U.S. 320Jan 18, 2006 · 546 U.S. 320Privacy9–0Unanimous band
- Scheidler v. National Organization for Women, Inc.537 U.S. 393Feb 26, 2003 · 537 U.S. 393Privacy8–18–1 band
- Don Stenberg, Attorney General of Nebraska, et al. v. Leroy CarhartLandmark · Birth control and abortion530 U.S. 914Jun 28, 2000 · 530 U.S. 914PrivacyLandmark · Birth control and abortion5–45–4 band
- Leila Jeanne Hill, Audrey Himmelmann, and Everitt W. Simpson, Jr. v. Colorado, et al.530 U.S. 703Jun 28, 2000 · 530 U.S. 703Privacy6–36–3 band
- Paul Schenck and Dwight Saunders v. Pro-Choice Network of Western New York et al.519 U.S. 357Feb 19, 1997 · 519 U.S. 357Privacy6–36–3 band
- Judy Madsen, et al. v. Women's Health Center, Inc., et al.512 U.S. 753Jun 30, 1994 · 512 U.S. 753Privacy6–36–3 band
- National Organization for Women, Inc., etc., et al. v. Joseph Scheidler et al.510 U.S. 249Jan 24, 1994 · 510 U.S. 249Privacy9–0Unanimous band
- Planned Parenthood of Southeastern Pennsylvania, et al. v. Robert P. Casey, et al., etc.Landmark · Birth control and abortion505 U.S. 833Jun 29, 1992 · 505 U.S. 833PrivacyLandmark · Birth control and abortion5–45–4 band
- Irving Rust, et al. v. Sullivan, Louis W., Secretary of Health and Human Services500 U.S. 173May 23, 1991 · 500 U.S. 173Privacy5–45–4 band
- Ohio v. Akron Center for Reproductive Health et al.497 U.S. 502Jun 25, 1990 · 497 U.S. 502Privacy6–36–3 band
- Hodgson et al. v. Minnesota et al.497 U.S. 417Jun 25, 1990 · 497 U.S. 417Privacy6–36–3 band
- Webster, Attorney General of Missouri, et al. v. Reproductive Health Services et al.492 U.S. 490Jul 3, 1989 · 492 U.S. 490Privacy5–45–4 band
- Neal F. Hartigan, Attorney General of the State of Illinois, etc., et al. v. David Zbaraz and Allan G. Charles etc.484 U.S. 171Dec 14, 1987 · 484 U.S. 171Privacy4–45–4 band
- Thornburgh, Governor of Pennsylvania, et al. v. American College of Obstetricians and Gynecologists et al.476 U.S. 747Jun 11, 1986 · 476 U.S. 747Privacy5–45–4 band
- Simopoulos v. Virginia462 U.S. 506Jun 15, 1983 · 462 U.S. 506Privacy8–18–1 band
- Planned Parenthood Association of Kansas City, Missouri, Inc., et al. v. Ashcroft, Attorney General of Missouri, et al.462 U.S. 476Jun 15, 1983 · 462 U.S. 476Privacy5–45–4 band
- City of Akron v. Akron Center for Reproductive Health, Inc., et al.462 U.S. 416Jun 15, 1983 · 462 U.S. 416Privacy6–36–3 band
- H. L. v. Matheson, Governor of Utah, et al.450 U.S. 398Mar 23, 1981 · 450 U.S. 398Privacy6–36–3 band
- Williams et al. v. Zbaraz et al.448 U.S. 358Jun 30, 1980 · 448 U.S. 358Privacy5–45–4 band
- Harris, Secretary of Health and Human Services v. McRae et al.448 U.S. 297Jun 30, 1980 · 448 U.S. 297Privacy5–45–4 band
- Bellotti, Attorney General of Massachusetts, et al. v. Baird et al.443 U.S. 622Jul 2, 1979 · 443 U.S. 622Privacy8–18–1 band
- Colautti, Secretary of Welfare of Pennsylvania, et al. v. Franklin et al.439 U.S. 379Jan 9, 1979 · 439 U.S. 379Privacy6–36–3 band
- Poelker, Mayor of St. Louis, et al. v. Doe432 U.S. 519Jun 20, 1977 · 432 U.S. 519Privacy6–36–3 band
- Maher, Commissioner of Social Services of Connecticut v. Roe et al.432 U.S. 464Jun 20, 1977 · 432 U.S. 464Privacy6–36–3 band
- Beal, Secretary, Department of Public Welfare of Pennsylvania, et al. v. Doe et al.432 U.S. 438Jun 20, 1977 · 432 U.S. 438Privacy6–36–3 band
- Carey, Governor of New York, et al. v. Population Services International et al.Landmark · Birth control and abortion431 U.S. 678Jun 9, 1977 · 431 U.S. 678PrivacyLandmark · Birth control and abortion7–27–2 band
- Planned Parenthood of Central Missouri et al. v. Danforth, Attorney General of Missouri, et al.428 U.S. 52Jul 1, 1976 · 428 U.S. 52Privacy5–45–4 band
- Doe et al. v. Bolton, Attorney General of Georgia, et al.410 U.S. 179Jan 22, 1973 · 410 U.S. 179Privacy7–27–2 band
- Roe et al. v. Wade, District Attorney of Dallas CountyLandmark · Birth control and abortion410 U.S. 113Jan 22, 1973 · 410 U.S. 113PrivacyLandmark · Birth control and abortion7–27–2 band
- Eisenstadt, Sheriff v. BairdLandmark · Birth control and abortion405 U.S. 438Mar 22, 1972 · 405 U.S. 438PrivacyLandmark · Birth control and abortion6–18–1 band
- United States v. Vuitch402 U.S. 62Apr 21, 1971 · 402 U.S. 62Privacy5–45–4 band
Data notes
Every other orally argued case with a clear vote, from the 1946 term on, that the Supreme Court Database files under the same issue as this one. The database gives each case one issue from a list of about 270 (abortion, search and seizure of vehicles, the death penalty, and so on), whatever law it turned on.
Official record
Read the argument audio on Oyez and Wikipedia. Case data from the Supreme Court Database, Version 2026 Release 01, through the 2025 term.