After Dobbs, Are Rights for Zygotes, Embryos, and Fetuses Next?

CUNY Law Review Blog

4 Pages Posted: 10 Nov 2022

See all articles by Cynthia Soohoo

Cynthia Soohoo

City University of New York Law School

Date Written: June 29, 2022

Abstract

Justice Alito’s decision overturning Roe v. Wade and Planned Parenthood v. Casey marks a watershed shift in the way that the country treats people who are pregnant versus an “unborn life.” By stripping constitutional protection from the decision to have an abortion, Dobbs v. Jackson Women’s Health Organization equates pregnant people’s right to control their bodies and the state’s interest in protecting prenatal life.

Without a recognized constitutional right to abortion as a backstop, Dobbs specifically paves the way for states to impose their theory of when a human life begins and push for recognition of personhood for fetuses, embryos, and zygotes. Not only will this result in some states banning abortion from conception and treating abortion as homicide, it also threatens some forms of contraception and in vitro fertilization (IVF).

Keywords: Fetal Personhood, abortion, reproductive rights, contraception, IVF

Suggested Citation

Soohoo, Cynthia, After Dobbs, Are Rights for Zygotes, Embryos, and Fetuses Next? (June 29, 2022). CUNY Law Review Blog , Available at SSRN: https://ssrn.com/abstract=4273309

Cynthia Soohoo (Contact Author)

City University of New York Law School ( email )

2 Court Square
Long Island City, NY 11101
United States

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