The leak of a draft majority opinion for the Supreme Court in Dobbs written by Justice Alito and overruling Roe v. Wade brought shock waves both for what it said and for what the leak may have revealed about current thinking at the Court. The draft opinion, however, was just that: a first draft. By the time of this Evening Ethics Discussion, we expect that the Court’s final decision will have been issued. We will know whether the Court has decided to abrogate the viability line, overruling only Casey, or whether the Court has also overruled Roe, holding that there is no fundamental right to reproductive choice. Whichever way the Court goes, the decision will leave open legal and ethical issues for providers.
In this Evening Ethics, we will focus on the ethical issues for providers raised by the Dobbs decision, however it comes out. For example: How will contraceptive care be affected? Miscarriage care? Fertility care? What issues will arise with respect to medication abortion or counseling patients about the availability of abortion across the border in Nevada? Will new problems of privacy emerge for patients and providers?