2022 · Constitutional law
Dobbs v. Jackson Women’s Health Organization
Abortion · Due process
The question
Does the Constitution protect a right to abortion, and should Roe and Casey remain binding?
The outcome
The Court upheld Mississippi’s abortion restriction by a 6–3 judgment. Five justices overruled Roe and Casey and held that the Constitution does not confer a right to abortion, returning regulatory authority to elected governments.
See the votes & context
- Majority (5)
- Clarence Thomas, Samuel A. Alito, Jr., Neil M. Gorsuch, Brett M. Kavanaugh, Amy Coney Barrett
- Concurred in the judgment (1)
- John G. Roberts, Jr.
- Dissent (3)
- Stephen G. Breyer, Sonia Sotomayor, Elena Kagan
Roberts concurred only in the judgment: he would uphold the Mississippi law without overruling Roe and Casey. Overruling those precedents was 5–4, not 6–3.
Only participating justices are assigned votes. Separate writings and partial joins can differ from the overall judgment.