Page:Dobbs v. Jackson Women's Health Organization.pdf/195

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DOBBS v. JACKSON WOMEN’S HEALTH ORGANIZATION

Breyer, Sotomayor, and Kagan, JJ., dissenting

its ruling will affect women. Ante, at 37. By characterizing Casey's reliance arguments as "generalized assertions about the national psyche," ante, at 64, it reveals how little it knows or cares about women's lives or about the suffering its decision will cause.

In Casey, the Court observed that for two decades individuals "have organized intimate relationships and made" significant life choices "in reliance on the availability of abortion in the event that contraception should fail." 505 U. S., at 856. Over another 30 years, that reliance has solidified. For half a century now, in Casey's words, "[t]he ability of women to participate equally in the economic and social life of the Nation has been facilitated by their ability to control their reproductive lives." Ibid.; see supra, at 23-24. Indeed, all women now of childbearing age have grown up expecting that they would be able to avail themselves of Roe's and Casey's protections.

The disruption of overturning Roe and Casey will therefore be profound. Abortion is a common medical procedure and a familiar experience in women's lives. About 18 percent of pregnancies in this country end in abortion, and about one quarter of American women will have an abortion before the age of 45.[1] Those numbers reflect the predictable and life-changing effects of carrying a pregnancy, giving birth, and becoming a parent. As Casey understood, people today rely on their ability to control and time pregnancies when making countless life decisions: where to live, whether and how to invest in education or careers, how to allocate financial resources, and how to approach intimate and family relationships. Women may count on abortion access for when contraception fails. They may count on abortion access for when contraception cannot be used, for


  1. See CDC, K. Kortsmit et al., Abortion Surveillance—United States, 2019, 70 Morbidity and Mortality Weekly Report 7 (2021); Brief for American College of Obstetricians and Gynecologists et al. as Amici Curiae 9.