The American Health Law Association has published a new article by Akerman Healthcare Partners Noam B. Fischman and Jeremy Burnette  and associate Lauren F. Gandle exploring the aftershocks of the Supreme Court's decision in Dobbs v. Jackson Women’s Health Organization. The article discusses some post-Dobbs litigation trends that have materialized as courts attempt to balance state and federal laws and the new legal landscape that providers, healthcare workers, patients, and allies must navigate.

The authors illustrate just how rapidly state abortion laws have changed and continue to change, highlighting how the issue has evolved so far in the legislatures and courts of Georgia, Idaho, and South Carolina. The article goes on to explore how pharmacies are being impacted, specifically the challenges they face prescribing medications that either are directly intended to facilitate, or that could have the incidental impact of facilitating, the end of an otherwise healthy pregnancy. Our lawyers also provide insights on balancing EMTALA requirements with state abortion laws, as well as the potential legal risks for allies and employers who support abortion services.