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Editing Dobbs v. Jackson Women’s Health Organization
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{{Infobox Case Brief | {{Infobox Case Brief | ||
|court=Supreme Court | |court=U.S. Supreme Court | ||
|subject=Constitutional Law | |subject=Constitutional Law | ||
|appealed_from=U.S. Court of Appeals, 5th Circuit | |appealed_from=U.S. Court of Appeals, 5th Circuit | ||
| | |case_treatment=No | ||
|facts=Mississippi passed the Gestational Age Act, banning abortions after 15 weeks of pregnancy. The Act included exceptions for medical emergencies or severe fetal abnormality, but not for cases of rape or incest. | |facts=Mississippi passed the Gestational Age Act, banning abortions after 15 weeks of pregnancy. The Act included exceptions for medical emergencies or severe fetal abnormality, but not for cases of rape or incest. Jackson Women's Health Organization is an abortion clinic in Mississippi. The clinic sued the state, challenging the constitutionality of the Act. | ||
|procedural_history=The | |procedural_history=The USDC for the Southern District of Mississippi enjoined the state from enforcing the Act. The State appealed. The Fifth Circuit affirmed, stating that 15 weeks is earlier than fetus viability, so such a ban is unconstitutional. | ||
The State petitioned the Fifth Circuit decision to the Supreme Court. | The State petitioned the Fifth Circuit decision to the Supreme Court. | ||
|issues=Are all pre-viability prohibitions on elective abortions unconstitutional? | |issues=Are all pre-viability prohibitions on elective abortions unconstitutional? | ||
|holding=(From leaked opinion, not official): No. "''[[Roe v. Wade|Roe]]'' and ''[[Planned Parenthood v. Casey|Casey]]'' must be overruled." | |holding=(From leaked opinion, not official): No. "''[[Roe v. Wade|Roe]]'' and ''[[Planned Parenthood v. Casey|Casey]]'' must be overruled." | ||
|reasons=(From leaked opinion, not official): The Constitution “does not prohibit the citizens of each State from regulating and prohibiting abortion.” | |reasons=(From leaked opinion, not official): The Constitution “does not prohibit the citizens of each State from regulating and prohibiting abortion.” | ||
|comments=On May 2, 2022, a draft of the majority opinion, written by Justice Samuel Alito, was leaked to the public. | |comments=On May 2, 2022, a draft of the majority opinion, written by Justice Samuel Alito, was leaked to the public. | ||
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}}{{Infobox Case Brief/Case Text Link | }}{{Infobox Case Brief/Case Text Link | ||
|link=https://www.newsweek.com/read-supreme-court-ruling-overturning-roe-v-wade-1716972 | |link=https://www.newsweek.com/read-supreme-court-ruling-overturning-roe-v-wade-1716972 | ||
|case_text_source=Newsweek article | |case_text_source=Newsweek article containing the 213-page decision | ||
}} | }} | ||
}} | }} | ||
