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Abstract: 

In Dobbs v. Jackson Women’s Health Organization (2022), the Supreme Court of the United States (SCOTUS) overturned the long-held precedent established in Roe v. Wade (1973) and Planned Parenthood of Southeastern Pennsylvania. v. Casey (1992) and relied upon by three generations of Americans, ruling that there is no constitutional right to abortion and, as such, that the power to regulate abortion is turned back to states. This decision activated a series of trigger laws restricting or eliminating access to safe, legal abortion services and has prompted numerous states to pursue new restrictions that limit access to the procedure. This decision will unduly impact girls and women, effectively hindering access to abortion for those who do not have the functional autonomy to travel to states where abortion remains legal and accessible. Accordingly, this article examines how Dobbs v. Jackson Women’s Health Organization (2022) impacts the criminal justice system, particularly institutional and community corrections. It focuses especially on the implications of criminalizing abortion for jails where women and girls and health care providers charged under newly triggered or enacted criminal statutes may be detained.

Keywords: Reproductive Healthcare in Corrections; Impact of Dobbs on Marginalized Communities; Sexual Violence and PREA Post-Dobbs

Affiliations:  1: Nevada State College; 2: California State University, Northridge.