In Louisiana, a state law banning all abortions from conception, with no exceptions for rape or incest, was triggered by Dobbs’ overruling of Roe v. The weeks following Dobbs have been characterized by a flurry of legal activity and chaos. The consequences which flow from the elimination of the federal right to abortion raise important considerations for national security and legal efforts going forward. Perhaps most notably, the decision damages the United States’ standing in the world, as foreign leaders and international organizations have accused the United States of failing to safeguard its professed fundamental values. The risk of political violence has increased as Dobbs has exacerbated political division and weakened the legitimacy of the Supreme Court. The Court’s decision has invigorated anti-abortion groups and legislators, who have sprung into action to pass some of the most radical abortion bans in the world to expand the criminalization of abortion. But other aspects of the threat to national security posed by the Dobbs decision remain underexplored.
Defense analysts have already describe d Dobbs as a “nightmare for women in the military” and expressed concern that it will hinder military readiness or generate a “cultural backlash” against women in the military more generally. In addition to threatening individual liberty and fundamental rights, the Dobbs decision poses a significant challenge to national security.
Melissa Murray, a law professor at New York University School of Law, noted that Justice Clarence Thomas’ concurring opinion points to future legal battles over fundamental rights as his aberrant legal theories “ flourish in the lower courts, widening the Overton window of mainstream opinion and shifting the terms of our debates.” Legal scholars warned that the lawlessness of the Dobbs opinion will hasten the erosion of freedom and other substantive due process rights. Opposition quickly emerged from many quarters: reproductive, civil, and human rights groups and major medical organizations condemned the ruling for threatening liberty, curtailing access to critical health care, and inflicting disproportionate harm on marginalized groups. Jackson Women’s Health Organization overruled nearly fifty years of precedent and ended federal protection of the right to abortion. On June 24, 2022, the Supreme Court in Dobbs v.
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