The Possible Overturn of Roe v. Wade and its Effects on Healthcare

Health Law Talk Presented by Chehardy Sherman Williams

Dobbs v. Jackson Women’s Health Organization 

On May 2, 2022, a news organization, Politico, released an unpublished draft opinion of the courts potential ruling on Dobbs versus Jackson women’s health organization. In essence, the draft opinion calls for the overruling of Roe v. Wade along with the Casey case.  According to the draft opinion, the basis for overruling Roe v. Wade is to return to the states the power to self govern on the issue of abortion.  According to Justice Alito, Roe v. Wade was an exercise in “raw judicial power” that needed to be addressed in a true democracy by giving states the right to determine for themselves the legality of abortion. According to research, over 26 states already have laws in effect, the so-called “triggering laws,” that should Roe v. Wade be overturned, would ban abortion.  The question becomes what happens to healthcare providers who are caught in the middle should Roe v. Wade be overturned and are located in states that suddenly would ban abortion. In addition, how far do these “triggering laws” go in determining what is permissible or not. For example, do any of these laws implicate the use of the “Plan B pill” and consider the prescription of the “Plan B pill” as abortion. If so, what are the implications from a telemedicine perspective should physician located in a state where abortion is permissible prescribed a patient a Plan B pill in the state that has banned abortion? In this very timely episode, listen with healthcare attorneys Conrad Meyer and Roy Bellina as we discuss the implications of the release of this draft opinion and what effect it might have on healthcare providers.

Health Law Talk, presented by Chehardy Sherman Williams, one of the largest full service law firms in the Greater New Orleans area, is a regular podcast focusing on the expansive area of healthcare law. Attorneys Rory Bellina, Conrad Meyer and George Mueller will address various legal issues and current events surrounding healthcare topics. The attorneys are here to answer your legal questions, create a discussion on various healthcare topics, as well as bring in subject matter experts and guests to join the conversation.

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