Dobbs and Sterilization Decision-Making: Understanding the Coercive Spillover Effects in Reproductive Choice

Authors

Thomas Williams, American University Washington College of LawFollow

Journal

Pace Law Review

Volume

45

Issue

1

First Page

209

Last Page

230

Abstract

The Supreme Court majority in Dobbs v. Jackson Women’s Health Organization argued their decision would have limited impact beyond abortion rights. This Article examines how Dobbs and subsequent state abortion restrictions are likely to increase women’s reliance on permanent sterilization procedures, particularly among already marginalized populations. Drawing on emerging data and historical context, I argue that some post-Dobbs sterilizations should be understood as effectively coerced by state policies, implicating reproductive justice concerns and potentially undermining fundamental rights established in Skinner v. Oklahoma. Then, I demonstrate how interdisciplinary bioethics frameworks and methodologies can help courts better understand the full implications of decisions limiting reproductive autonomy. I conclude this Article by proposing enhanced data driven approaches to document spillover effects, and recommend greater integration of bioethics principles into reproductive rights litigation strategies.

Recommended Citation

Thomas Williams, Dobbs and Sterilization Decision-Making: Understanding the Coercive Spillover Effects in Reproductive Choice, 45 Pace L. Rev. 209 (2024).
Available at: https://digitalcommons.wcl.american.edu/facsch_lawrev/2304