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June 6, 2022

What Overturning Roe v Wade May Mean for Assisted Reproductive Technologies in the US

Author Affiliations
  • 1Harvard Law School, Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics, Harvard University, Cambridge, Massachusetts
  • 2Salmon P. Chase College of Law, Northern Kentucky University, Highland Heights
  • 3Department of Medical Science, Brown University, Providence, Rhode Island
JAMA. 2022;328(1):15-16. doi:10.1001/jama.2022.10163

The leaked majority opinion in Dobbs v Jackson Women’s Health Organization,1 which many perceive to be very close to the final majority opinion the US Supreme Court will likely issue, would overrule Roe v Wade and essentially strip away any special federal constitutional protection for abortion in the US. Going forward, state regulation or even full prohibition of abortion, will not violate the Constitution unless the state lacks a “rational basis” for the law, the lowest possible hurdle and one that will be cleared easily by state legislatures.1 Even though much of the world’s attention is understandably focused on the implications for abortion, it is also important to consider the collateral consequences for assisted reproductive technologies in the US.

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