June 26 (Reuters) – The largest US law firms did not take a public position after the US Supreme Court overturned the case against Rowe and Wade on Friday, disagreeing with the approach of some large companies that made statements on the closely monitored abortion case.
Supreme Court ruling 6-3 Dobbs upheld the Republican-backed Mississippi law, which bans abortion after 15 weeks of pregnancy. Many states are expected to further restrict or ban post-decision abortions.
Reuters on Friday asked more than 30 U.S. law firms, including the 20 largest in total, to comment on Dobbs’ decision and whether they would cover travel expenses for employees seeking abortion.
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The vast majority did not respond until Saturday afternoon, and only two, Ropes & Gray and Morrison & Foerster, said they would introduce such a travel policy.
Morrison & Foerster, with nearly 1,000 attorneys, was the only large firm to make a public statement by Saturday afternoon.
The company’s chairman, Laren Naschelski, said Morrison & Foerster would “redouble its efforts to protect abortion and other reproductive rights.”
Dobbs’ decision was expected after a draft opinion expired in May.
Several major U.S. corporations, including The Walt Disney Co. (DIS.N) and Meta Platforms (META.O), said Friday they would cover the travel costs of employees seeking abortions. Read more
Industry experts say law firms could talk about Dobbs in the future if employees and clients encourage them to take a public position. For now, company leaders seem to be carefully assessing the pros and cons of commenting, including the possibility of alienating customers, experts said.
“It’s a tightrope for companies,” said Kent Zimmerman, a consultant at a law firm at Zeughauser Group. “They have different views among their talents and customers.”
Some companies have sent internal messages to employees about the decision. Ropes & Gray chairman Julie Jones said in an inside note reviewed by Reuters that the company would hold several public gatherings to discuss the decision and offer “comfort.”
“As the leader of Ropes & Gray, I am concerned about the effect of this decision on our community,” Jones wrote, while acknowledging that her remark could “insult parts of our community.”
A Ropes & Gray spokesman told Reuters on Friday that employees enrolled in his medical plan are eligible for financial assistance to travel outside the state for abortion.
Another major U.S. law firm, Steptoe & Johnson, offered its U.S. workforce a day off on Friday, a spokesman confirmed. The spokesman did not immediately respond to additional requests for comment.
Despite the lack of public statements, a number of law firms have publicly signaled before the decision that they plan to provide free legal support to women seeking abortion if Rowe is repealed.
Both New York Attorney General Leticia James and San Francisco City Attorney David Chiu, with the San Francisco Bar Association, have convened pro bono initiatives that rely on volunteers from a law firm. Paul Weiss, Gibson Dunn and Crucher and O’Malveni and Myers are among the participants.
Paul Weiss chairman Brad Carp called Dobbs’ decision a “crushing loss” in an inside statement to the company on Friday, given to Reuters. Paul Weiss and O’Malveni, both representing the Jackson Women’s Health Organization, defendants in the Dobbs case, postponed commenting on the decision of their co-judge, the Center for Reproductive Rights.
The center said in a statement that the court had “reached a new low by taking away – for the first time in history – constitutionally guaranteed personal freedom”.
Gibson Dunn did not respond to a request for comment.
Robert Cummins, a Vertex Advisors consultant who works with law firms, said companies would be “very cautious” in taking early positions on the decision.
“They need to make sure they consider it,” he said. “What is the impact on business?” What is the impact on the customer? What is the impact of recruitment? There are many things to think about. ”
(This story has been reworked to change the quotation marks in the title)
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Report by Karen Sloan in Sacramento, California, and Jacqueline Thomson in Swampscott, Massachusetts; Additional reports by Mike Scarcella in Silver Spring, Maryland; Edited by Rebecca Minzer, Noelin Walder and Leslie Adler
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