Dobbs v. Jackson Women’s Health Organization: Difference between revisions
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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. | |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. | ||
Revision as of 17:27, May 3, 2022
| Dobbs v. Jackson Women’s Health Organization | |
| Court | U.S. Supreme Court |
|---|---|
| Citation | |
| Date decided | |
| Appealed from | U.S. Court of Appeals, 5th Circuit |
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 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.Issues
Are all pre-viability prohibitions on elective abortions unconstitutional?
Holding
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.
