The 'problem' with those 3 judges is that their vote on Dobbs either did not take into account the FORESEEABLE medical consequences described below, or they did and they ignored them.
As a result of this decision, the authority to regulate or prohibit abortion was returned to individual states and their elected representatives.
Additionally, they had to understand the 'lowest common denominator' effect; the poorest states, the bible belt states, would come down hardest in their efforts to ban abortion and would inflict the kind of medical hazards and deadly outcomes, also described below.
Barrett with her 5 biological children, including 1 with Downs Syndrome, had to both know and foresee the myriad of medical hazards in pregnancies as they were laid out for her repeatedly over the course of her pregnancies. She and her husband could afford the kind of care for the Downs child; not everyone else could afford the choice of what to do.
Too bad all male judges, including Dem appointed Breyer, could not be mandated to recuse themselves so that the 3 women judges could decide the case, and so that the following kind of shit wouldn't have happened.
1. Public Health and Mortality
Infant Mortality: Recent studies show a 7% increase in national infant mortality in the months following the decision, with approximately 250 additional deaths per month. In states with total bans, infant mortality rose by 5.6%.
Congenital Anomalies: Deaths from birth defects rose nearly 11% in ban states, suggesting that the inability to terminate pregnancies with severe abnormalities forced many families to carry non-viable pregnancies to term.
Maternal Health Risks: There has been a 50% increase in sepsis rates among women who lost pregnancies in the second trimester in Texas. Doctors have reported being forced to wait until patients are "critically ill" or have no detectable fetal heartbeat before providing life-saving intervention.
As a result of this decision, the authority to regulate or prohibit abortion was returned to individual states and their elected representatives.
In the landmark 2022 case Dobbs v. Jackson Women's Health Organization, the U.S. Supreme Court issued a decision that fundamentally changed abortion access in the United States.
SCOTUSblog
SCOTUSblog
+1
The Court actually held two distinct votes with different margins:
To Uphold the Mississippi Law (6–3): The Court voted 6–3 to uphold a Mississippi law that banned most abortions after 15 weeks of pregnancy.
To Overrule Roe v. Wade (5–4): A smaller 5-justice majority voted to explicitly overrule Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), concluding that the Constitution does not confer a right to abortion.
SCOTUSblog
SCOTUSblog
+4
Individual Justice Votes
The justices' positions were divided as follows:
The Majority (5): Justices Samuel Alito (author of the opinion), Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett voted both to uphold the Mississippi law and to overturn Roe and Casey.
Concurring in Judgment (1): Chief Justice John Roberts voted to uphold the Mississippi law but argued against completely overturning Roe and Casey, preferring a more "measured" approach.
The Dissent (3): Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan filed a joint dissent, voting to strike down the Mississippi law and maintain the constitutional right to abortion.
SCOTUSblog
SCOTUSblog
+5
As a result of this decision, the authority to regulate or prohibit abortion was returned to individual states and their elected representatives.
In the context of the Dobbs decision, "negative results" refers to the documented public health, socioeconomic, and medical consequences of overturning Roe v. Wade. Research indicates these impacts are most pronounced in states with strict abortion bans.
1. Public Health and Mortality
Infant Mortality: Recent studies show a 7% increase in national infant mortality in the months following the decision, with approximately 250 additional deaths per month. In states with total bans, infant mortality rose by 5.6%.
Congenital Anomalies: Deaths from birth defects rose nearly 11% in ban states, suggesting that the inability to terminate pregnancies with severe abnormalities forced many families to carry non-viable pregnancies to term.
Maternal Health Risks: There has been a 50% increase in sepsis rates among women who lost pregnancies in the second trimester in Texas. Doctors have reported being forced to wait until patients are "critically ill" or have no detectable fetal heartbeat before providing life-saving intervention.
www.prb.org
www.prb.org
+3
2. Socioeconomic and Inequity Impacts
Racial Disparities: Black infants experienced an 11% increase in mortality, more than double the rate for white infants. Black and Indigenous women are more likely to live in states with bans and face higher baseline maternal mortality rates.
Financial Barriers: Over 3 million Latinas in states with bans are considered "economically insecure," making the now-doubled rate of out-of-state travel for care a significant financial burden.
Postpartum Depression (PPD): Women in low-socioeconomic communities in ban states experienced a 9% relative increase in PPD diagnoses compared to those in states with protected access.
KFF
KFF
+4
3. Medical Workforce and Training
Provider Shortages: OB-GYN residency applications dropped by 23% in states with total bans. Nearly one in five providers nationally—and four in ten in ban states—report feeling constrained in their ability to manage miscarriages and pregnancy emergencies.
Maternity Care Deserts: Shortages have led to the closure of labor and delivery units in states like Idaho, affecting all pregnant patients regardless of whether they are seeking an abortion.
Guttmacher Institute
Guttmacher Institute
+2
4. Broader Reproductive Care
IVF and Contraception: The legal reasoning in Dobbs has created "chaos" for In Vitro Fertilization (IVF), specifically regarding the legal status of frozen embryos. Access to emergency contraception has also declined in restrictive states due to clinic closures and legal confusion.
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