Preprint
The Origin and Future of Shield Laws
SSRN Electronic Journal
2026
Abstract
This Essay, as part of a symposium issue on women, equality, and the legal academy, describes the origin and future of so-called shield laws—novel state legislation designed to protect legal abortion care from out-of-state attack. These laws have facilitated an increase in the number of abortions even in the wake of the Supreme Court overturning Roe v. Wade in Dobbs v. Jackson Women’s Health Organization. The Essay, after detailing shield laws’ origins (Part II) and content (Part III), highlights how shield laws have operated and succeeded over the last three years (Part IV) as well as the challenges mounted against shield laws and shield providers (Part V). Although state lawsuits and the possibility of federal action may, in the future, upend shield provision, the average number of abortions in this country have increased since Dobbs, in large part due to providers living under and utilizing the protections of state shield laws. The movement to end abortion by overturning Roe has—so far—failed, and shield laws have played a key role.
Metrics
1 Record Views
Details
- Title
- The Origin and Future of Shield Laws
- Creators
- David S. Cohen - Drexel UniversityRachel Rebouche - The University of Texas at Austin
- Publication Details
- SSRN Electronic Journal
- Resource Type
- Preprint
- Language
- English
- Academic Unit
- Thomas R. Kline School of Law
- Other Identifier
- 991022179540204721