Roe v. Wade Overruled: What MagMutual’s PolicyOwners Need to Know Now

On Friday, June 24, 2022, the U.S. Supreme Court issued a decision in Dobbs v. Jackson, which overruled Roe v. Wade, the well-known U.S. Supreme Court case that provided a constitutional right to abortion.

The legal status of abortion after this decision varies across the country based on state and can be categorized three ways:

• States where abortion is already prohibited or is likely to be banned or restricted
• States where abortion restrictions are uncertain
• States where abortion is likely to remain protected

Courts and legislatures in each state across the country will determine the impact of existing restrictions.  Each state will implement clarifying regulations and guidance as to their policy and determination of what constitutes legal or illegal conduct.

Following are links to two articles with a summary of where each state’s current laws stand on this matter:

The New York Times: Tracking Which States Banned Abortion Today

Politico: Abortion Laws by State

MagMutual recommends that PolicyOwners who could be impacted by this decision review their state’s applicable rules and obtain alerts from their state’s medical licensing board, state medical society and other authoritative sources about any changes.

More information and guidance will be provided from these authorities over the upcoming weeks. MagMutual remains committed to providing policyholders with guidance on emerging issues impacting the practice, business and regulation of medicine.

MagMutual’s professional liability policy offers coverage and defense in state medical board investigations. MagMutual encourages PolicyOwners to report potentially adverse matters regarding abortion care to [email protected] for a formal coverage determination.  

MagMutual’s Advice Team, consisting of medical faculty, risk managers and attorneys, is available to support policyholders during this period of time. Please feel free to contact the Advice team at [email protected].