The Future of Health Care Conscience Laws Post-Dobbs

The Supreme Court’s rejection of a constitutional right to choose abortion in Dobbs v. Jackson Women’s Health Organization has prompted legislatures to make significant changes to state laws. Some states have criminalized abortion in most circumstances, while others have granted patients and health care providers broader rights to choose and access abortion. Another, perhaps less-recognized, avenue for legislative change is by amending existing state conscience laws. This Article describes the avenues state legislatures might take in using conscience laws to impact abortion access in accordance with the state’s policy preferences.