The end of Roe v. Wade — States’ power over health and well-being (4 August 2022)

Summary

On 24 June 2022, the US Supreme Court overruled both Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey and returned the question of abortion’s legality to the US. The ruling opens the door to additional State efforts to limit access to medication abortions, prevent third parties from assisting anyone seeking an abortion or punish women who end their pregnancy. This opinion piece in The New England Journal of Medicine looks at the implications of the end of Roe v. Wade beyond abortion, examining how it could affect other aspects of healthcare rights in the USA.

The author, Zita Lazzarini from the Division of Public Health Law and Bioethics at the University of Connecticut School of Medicine, argues that the Supreme Court's ruling opens the door for state regulation of other healthcare decisions, including those regarding contraception, end-of-life care, care for LGBTQ patients and fertility treatments. She highlights that common forms of birth control including IUDs and emergency contraception are already being targeted by some states as “abortifacients,” and raises concerns that State laws declaring that life begins at fertilization will potentially endow thousands of frozen embryos with rights, imposing impossible burdens on fertility centres and their clients.