FACT BRIEFDoes the Dobbs decision eliminate the possibility of a national abortion ban?
NO
Congress has not passed a federal standard on abortion, but numerous proposals to do so exist — and nowhere in the 2022 Dobbs v. Jackson Women’s Health Organization Supreme Court decision does it state that Congress cannot act on the issue.
The Dobbs decision overturned prior court decisions affirming a constitutional right to an abortion. It stated that the U.S. Constitution, as currently written, did not guarantee a right to an abortion, permitting states to enact abortion bans.
National laws on the issue have been proposed. House Republicans, for example, have previously passed bills limiting abortions after 15 weeks, while House Democrats passed a bill to statutorily grant health care providers the right to perform an abortion. Neither passed the Senate, and thus have not become law.
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Sources
Congressional Research Service Supreme Court Rules No Constitutional Right to Abortion in Dobbs v. Jackson Women’s Health Organization
US Supreme Court Dobbs v. Jackson Women's Health
US Congress Pain-Capable Child Unborn Protection Act
US Congress Women's Health Protection Act of 2021
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