The Center for Democracy & Technology (CDT) has released a report titled “Two Years After Dobbs: An Analysis of State Laws to Protect Reproductive Healthcare Information from Interstate Investigations and Prosecutions.” Authored by CDT interns Irene Kim and Divya Vatsa, the document addresses the legal landscape following the Supreme Court’s June 2022 decision in Dobbs to overturn Roe v. Wade.
The ruling has led to a significant division among states, with some banning or restricting abortion access while others have enacted measures to protect against criminal prosecutions related to such bans. This dichotomy raises concerns about how patients and providers in one state might be affected by the laws of another, particularly when law enforcement seeks access to sensitive electronic information, such as private online messages related to abortion care.
Over the past two years, various state legislatures have passed legislation, and governors have issued executive orders—collectively referred to as “shield laws”—to protect providers and recipients of reproductive health services from out-of-state investigations. These laws often also extend protections to information about gender-affirming care amidst increasing anti-trans bills nationwide.
The scope of these shield laws varies by state. Most prohibit state officials, including law enforcement and courts, from assisting out-of-state investigations and prosecutions related to protected healthcare activities. For instance, a state judge may be barred from domesticating an out-of-state subpoena seeking location data indicating that an individual visited an abortion clinic. Similarly, local police could be restricted from aiding in the extradition of a doctor charged with performing unlawful abortions in another state.
Some shield laws go further by barring private companies—such as communication service providers and healthcare delivery companies—from disclosing protected health data even when faced with warrants, court orders, or subpoenas demanding such information.
The report reviews measures implemented across 22 states that the Guttmacher Institute—a leading reproductive health research organization—identifies as offering at least some protections for abortion. This analysis builds on a Field Guide developed by Yale Law School’s Tech Accountability and Competition Project for CDT to assist state legislators in drafting shield laws.
The full report is available for further details.
