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75 Stan. L. Rev. Online 1 (2022-2023)

handle is hein.journals/slro75 and id is 1 raw text is: ESSAY Rethinking Strategy After Dobbs David S. Cohen, Greer Donley & Rachel Rebouch&? Introduction Now that the Supreme Court has overturned Roe v. Wade and Planned Parenthood v. Casey, the movement for abortion rights and access finds itself in uncharted territory.1 For almost fifty years, abortion rights supporters have been largely on the defensive, trying to prevent backsliding and whittling away of the right to terminate a pre-viable pregnancy. Abortion opponents, on the other hand, have been on the offensive, using creative strategies in all three branches of government across federal, state, and local levels to try to achieve their goal of ending abortion nationwide. It took almost half a century, but with Dobbs v.Jackson Women'sHealth Organization, Roes attackers have taken a decisive step toward their goal. For abortion rights defenders, this new, post-Roe playing field means adapting their strategy and mindset to confront a new environment without a tether to federal constitutional protection. The stakes could not be higher. No one knows the trajectory of this new battle to restore abortion rights, but it will be longer and harder than it needs to be if abortion rights defenders cannot rethink basic strategy assumptions. And the longer the battle, the more dire the effects of forced pregnancy: greater risks to pregnant people's physical and mental health, deeper economic gender inequity, higher maternal mortality, and higher child poverty, just to name a few exceedingly likely public health consequences.2 Professor of Law, Drexel Kline School of Law; Associate Professor of Law & John E. Murray Faculty Scholar, University of Pittsburgh Law School; Dean and James E. Beasley Professor of Law, Temple University Beasley School of Law. Many thanks to Maya Manian, Yvonne Lindgren, Jill Wieber Lens, Tracy Weitz, and Emily Bazelon for helpful feedback and to Isabelle Aubrun for research assistance. 1. See Dobbs v. Jackson Women's Health Org., 142 S. Ct. 2228, 2242 (2022) (overruling Roe v. Wade, 410 U.S. 113 (1973), and Planned Parenthood of Se. Pa. v. Casey, 505 U.S. 833 (1992)). 2. DIANA GREENE FOSTER, THE TURNAWAY STUDY: TEN YEARS, A THOUSAND WOMEN, AND THE CONSEQUENCES OF HAVING-OR BEING DENIED-AN ABORTION 99-129,141-52,163-86, footnote continued on next page 1