ERISA Preemption and Post-Dobbs Abortion Coverage for Employer-Sponsored Health Plans | Practical Law
In June 2022, the US Supreme Court ruled that there is not a right to abortion under the federal Constitution and that regulation of abortion should be returned to the individual states (Dobbs v. Jackson Women's Health Org., 142 U.S. 2228 (2022)). This Article addresses how the broad preemption provision under the Employee Retirement Income Security Act of 1974 (ERISA) may affect the ability of health plans, post-Dobbs, to offer coverage for abortion and related services.