The Supreme Court’s Dobbs decision of June 2022 has had enormous implications for abortion policy in the States. But Dobbs also suggests that the Supreme Court will be deferential toward the States on assisted suicide and other policies relating to bioethics and biotechnology. In other words, although the Court went out of its way to state that the Dobbs decision would not affect past decisions (precedents) not involving abortion, the Court’s constitutional understanding of state police power and unenumerated rights in Dobbs strongly suggests that it will affect potential future decisions involving bioethics and biotechnology. This could include policy issues such as informed consent, elective procedures, genetic therapy, IVF, reproductive technology, neuroscience, artificial intelligence, and personal identity. Dobbs and the implications for state policy in these areas will be explored.
