Dobbs v. Jackson Women's Health Organization Supreme Court Decision

Recent developments in national law related to abortion and reproductive healthcare rights have caused worry and anxiety for Americans around the nation and in Nevada. The Supreme Court’s decision in Dobbs v. Jackson Women's Health Organization tore away the constitutional right to privacy and bodily autonomy by giving states increased rights to limit and even outlaw abortions. Fortunately, the decision did not ban abortions nationwide. States may still protect their residents’ right to access the reproductive health care they need. The State of Nevada is committed to protecting women’s reproductive rights.  

In Nevada, the decision to abolish the constitutional right to an abortion did not have an immediate effect on the ability of those within the state to access an abortion. This is because, in 1990, Nevadans approved a constitutional amendment enshrining the right to an abortion until 24 weeks gestation in the state constitution. This protection extends to minors, who have the right to seek and authorize reproductive care for themselves. 

The right to an abortion in Nevada is not limited to Nevada residents. Abortion is legal in Nevada, and the State will not aid another state in prosecuting an individual for seeking or obtaining legal reproductive health care in the State. In fact, the Legislature recently passed a bill to ensure that people exercising their right to reproductive health care in Nevada do not have to worry about extradition to another state that does not recognize these rights. In the past, the governor of Nevada could decide whether or not to extradite a person to another state if that person’s conduct was performed in Nevada but was not illegal under Nevada law. That power has been removed from the governor’s arsenal, meaning extradition requests regarding legal abortions obtained in Nevada will not be honored. In addition, absent a valid Nevada subpoena, non-Nevada attorneys generally lack authority to require Nevada state agencies or Nevada physicians to provide any information pertaining to reproductive health care services. This protection is in addition to existing privacy protections for such information, including HIPPA protections.