Akron Law Student Publications

Document Type

Article

Publication Date

2024

Abstract

The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization overturned nearly fifty years of precedent established in Roe v. Wade, shifting the power to regulate abortion laws from the federal government to individual states. This seismic legal shift has raised significant questions about the intersection of state abortion laws and employee benefits, particularly for companies that offer abortion-related benefits through employer-sponsored health plans. The Employee Retirement Income Security Act of 1974 (ERISA) contains express and implied preemption provisions that have historically shielded employee benefit plans from conflicting state regulations. However, the extent to which ERISA can be used to preempt state abortion laws remains uncertain. Recent Supreme Court decisions, including Loper Bright Enterprises v. Raimondo and West Virginia v. EPA, have further complicated the landscape by restricting agency deference and limiting the authority of administrative agencies like the Employee Benefits Security Administration (EBSA) to interpret ERISA. The emergence of the major questions doctrine suggests that courts may be reluctant to uphold broad regulatory interpretations absent explicit congressional authorization. As a result, federal courts are left navigating uncharted territory, weighing ERISA’s preemption powers against newly emboldened state abortion restrictions. This article explores the legal uncertainties surrounding ERISA preemption in the post-Dobbs era and examines the potential consequences for employers, employees, and the future of employee benefit plans. With major corporations pledging to cover abortion-related travel expenses and some state officials threatening legal action against such benefits, a judicial showdown appears inevitable. The outcome of these legal battles will have far-reaching implications for the stability of employer-sponsored benefits and the broader regulatory landscape governing employee rights in the United States.

Publication Title

ABA Journal of Labor & Employment Law

Volume

38

Issue

2

First Page

275

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