Page:Dobbs v. Jackson Women's Health Organization - Court opinion draft, February 2022.pdf/33

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Cite as: ___ U. S. ___ (20__)

33

Opinion of the Court

Amendment protects." 505 U. S., at 848. Abortion is nothing new. It has been addressed by lawmakers for centuries, and the fundamental moral question that it poses is ageless.

Defenders of Roe and Casey do not claim that any new scientific learning calls for a different answer to the underlying moral question, but they do contend that changes in society require the recognition of a constitutional right to obtain an abortion. Without the availability of abortion, they maintain, people will be inhibited from exercising their freedom to choose the types of relationships they desire, and women will be unable to compete with men in the workplace and in other endeavors.

Americans who believe that abortion should be restricted press countervailing arguments about modern developments. They note that attitudes about the pregnancy of unmarried women have changed drastically; that federal and state laws ban discrimination on the basis of pregnancy,^[1] that leave for pregnancy and childbirth are now guaranteed by law in many cases,^[2] that the costs of medical care associated with pregnancy are covered by insurance or government assistance;^[3] that States have increasingly adopted

↑ See, e.g., Pregnancy Discrimination Act (1978) (codified at 42 U.S.C. §2000e(k) (federal law prohibiting pregnancy discrimination in employment); U.S. Dep't of Labor, Women's Bureau, Employment Protections for Workers Who Are Pregnant or Nursing, https://www.dol.gov/agencies/wb/pregnant-nursing-employment-protections (showing that 46 States and the District of Columbia have employment protections against pregnancy discrimination).
↑ See, e.g., Family and Medical Leave Act of 1993 (codified at 29 U.S.C. §2612) (federal law guaranteeing employment leave for pregnancy and birth); U.S. Bureau of Labor Statistics, Access to paid and unpaid family leave in 2018, https://www.bls.gov/opub/ted/2019/access-to-paid-and-unpaid-family-leave-in-2018.htm (showing that 89 percent of civilian workers had access to unpaid family leave in 2018).
↑ The Affordable Care Act requires non-grandfathered health plans in the individual and small group markets to cover certain essential health benefits, which includes maternity and newborn care. See 42 U.S.C.

[1] See, e.g., Pregnancy Discrimination Act (1978) (codified at 42 U.S.C. §2000e(k) (federal law prohibiting pregnancy discrimination in employment); U.S. Dep't of Labor, Women's Bureau, Employment Protections for Workers Who Are Pregnant or Nursing, https://www.dol.gov/agencies/wb/pregnant-nursing-employment-protections (showing that 46 States and the District of Columbia have employment protections against pregnancy discrimination).

[2] See, e.g., Family and Medical Leave Act of 1993 (codified at 29 U.S.C. §2612) (federal law guaranteeing employment leave for pregnancy and birth); U.S. Bureau of Labor Statistics, Access to paid and unpaid family leave in 2018, https://www.bls.gov/opub/ted/2019/access-to-paid-and-unpaid-family-leave-in-2018.htm (showing that 89 percent of civilian workers had access to unpaid family leave in 2018).

[p33-3] The Affordable Care Act requires non-grandfathered health plans in the individual and small group markets to cover certain essential health benefits, which includes maternity and newborn care. See 42 U.S.C.

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