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After Roe v. Wade

A Guide to Employer Coverage for Abortion-Related Services 

As you all know, the U.S. Supreme Court (SCOTUS) ruling in Dobbs v. Jackson Women’s Health Organization on June 24, 2022 overturned its 1973 Roe v. Wade decision that established a legal right to abortion services under the U.S. Constitution.[1] This decision will affect the availability of abortion services throughout the country. Employers are expressing interest in providing affected employees with assistance to access these services, but they are understandably concerned about potential risks.

This Guide reflects our understanding of the issues and the evolving legal landscape, which will likely remain uncertain for some time. We encourage employers to discuss the issues, potential solutions, and associated risks with their legal and tax advisors before choosing a course of action.

[1] Roe initially established the constitutional protection for abortion, but the more recent 1992 SCOTUS decision in Planned Parenthood of Southeastern Pennsylvania v. Casey was the modern standard for abortion protection under the U.S. Constitution and is why SCOTUS refers to both prior decisions in Dobbs.

 

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