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Thursday, October 8, 2026

Weighing Employers’ Strategies for Employee Benefits in a Post Roe World - JD Supra

[co-author: Mitchell Dolman]

As is now well known both in and outside of the legal community, the Supreme Court of the United States recently decided Dobbs v. Jackson Women’s Health Organization, where the Court analyzed a Mississippi law that restricted pre-viability abortions. The Supreme Court upheld the Mississippi statute and overturned the constitutional right to abortion established in the 1973 landmark case, Roe v. Wade. The Court emphasized that the precedent set in Roe and affirmed in Planned Parenthood v. Casey was “egregiously wrong” and amounted to “an abuse of judicial authority.” Declaring that abortion rights should be—and always should have been—governed by the states, not the federal government, that power is now restored through the Court’s decision.

Throughout the Supreme Court’s deliberation period, a number of states set forth potential legislation that would become effective should Roe be overturned. This legislation was designed to either place an immediate ban on abortion or effectuate a “trigger ban” that would lead to outlawing abortion within a certain timeframe. Now that Roe has in fact been overturned, there are currently 13 states that have fully banned abortions or have trigger laws rendering abortions illegal within 30 days of the Dobbs decision. Ten states have blocked abortion bans or are now deciding the issue. The fate of the remaining states’ legal landscape remains uncertain. What is certain, however, is that the patchwork of laws in...



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