CONTRACTED
Dobbs v. Jackson Women's Health Organization
597 U.S. 215 (2022) · 2022
The Court subordinated the personhood of pregnant people to the contested personhood of a fetus.
“The Constitution makes no reference to abortion.”
The Ruling
6–3: There is no constitutional right to abortion. Roe v. Wade and Planned Parenthood v. Casey are overruled. States may regulate or prohibit abortion.
The Personhood Argument Not Made
Dobbs is a direct personhood conflict: the legal personhood of the pregnant person — their bodily autonomy, legal visibility, right to make decisions about their own existence — was subordinated to the contested personhood claim of a fetus. The pregnant person's full, acknowledged legal personhood was outweighed by a contested claim. This is the personhood toggle at its most direct: the state chose which personhood prevails.
The Execution Gap Created
Women in states with abortion bans retain full formal legal personhood. Their capacity to make fundamental decisions about their own bodies — the most basic incident of personhood — is toggled off by state law. Personhood, again, has a zip code.
Primary sources & research
Related cases
Part of The Personhood Prism, the companion to The Execution Gap by Thomas William Hornig. See all personhood cases →