Two Obstacles to (Merely) Chipping Away at Roe in Dobbs

19 Pages Posted: 1 Oct 2021

Date Written: August 19, 2021


This fall the Supreme Court will hear its most important abortion case in 30 years, Dobbs v. Jackson Women’s Health Organization. Many think this Court would prefer to do two things: (1) Use Dobbs to narrow the constitutional right to elective abortion without eliminating the right (by overruling Roe v. Wade and Planned Parenthood v. Casey), and (2) leave the door open to further restricting abortion rights later on. But while other cases would have offered feasible means to these ends, Dobbs does not. For underappreciated reasons, the Dobbs Court may have to go all or nothing now: declare an abortion law invalid under Roe and Casey, or overturn Roe and Casey in full.

Keywords: abortion, Dobbs, Roberts Court

Suggested Citation

Girgis, Sherif, Two Obstacles to (Merely) Chipping Away at Roe in Dobbs (August 19, 2021). Available at SSRN: or

Sherif Girgis (Contact Author)

Notre Dame Law School ( email )

P.O. Box 780
Notre Dame, IN 46556-0780
United States

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