Supreme Court Case Dobbs v. Jackson Women’s Health Organization (2022)
Dobbs v. Jackson Women’s Health Organization was a landmark decision addressing whether the Constitution protects the right to an abortion. In Dobbs, the Supreme Court reviewed the constitutionality of Mississippi’s Gestational Age Act—a law banning most abortions after 15 weeks of pregnancy with exceptions for medical emergencies and fetal abnormalities. In a divided opinion, the Court upheld the Mississippi law and overturned Roe v. Wade (1973) and Planned Parenthood v. Casey (1992)—concluding that the Constitution does not protect the right to an abortion. As a result, the Court’s decision returned the issue of abortion regulation to the elected branches.
The Majority Opinion and Rationale
The majority opinion was authored by Justice Samuel Alito. For the first 185 years after the adoption of the Constitution, each State was permitted to address this issue in accordance with the views of its citizens. Then, in 1973, this Court decided Roe v. Wade. Even though the Constitution makes no mention of abortion, the Court held that it confers a broad right to obtain one.
Excerpt from the Majority Opinion
“We hold that Roe and Casey must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely—the Due Process Clause of the Fourteenth Amendment.” Justice Samuel Alito (Majority)
Judicial Divisions and Separate Opinions
The final decision involved a complex alignment of judicial opinions.
Chief Justice Roberts’ Concurrence
In an opinion concurring in the judgment, Chief Justice Roberts agreed to uphold the Mississippi law, but chided the majority for reaching out to decide the broader question of whether to overrule Roe and Casey. He would have left that important constitutional question to a future case.
The Dissent
Finally, in a rare joint dissent, Justices Breyer, Kagan, and Sotomayor criticized the Court for unsettling nearly five decades of precedent and undermining the Constitution’s promise of freedom and equality for women.
The Voting Breakdown (5-1-3)
The final vote resulted in a 5-1-3 split. The case is officially cited as 597 U.S. ___ (2022).
| Vote Status | Number of Justices | Justices Involved |
|---|---|---|
| Majority | 5 | Alito (author), Barrett, Gorsuch, Kavanaugh (concurrence), and Thomas (concurrence) |
| Concurring in the Judgment | 1 | Roberts (author) |
| Dissent | 3 | Joint (Breyer, Kagan, and Sotomayor) |
Read the Full Opinion Excerpt: Majority Opinion, Justice Samuel Alito. The majority collection of the Supreme Court of the United States includes Justice Samuel Alito, photographed by Steve Petteway.