Dobbs v. Jackson Women’s Health Organization: Difference between revisions

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{{Infobox Case Brief
{{Infobox Case Brief
|court=U.S. Supreme Court
|court=U.S. Supreme Court
|date=June 24, 2022
|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
|case_treatment=Yes
|overturned=Planned Parenthood v. Casey* Roe v. Wade
|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.
|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.
|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.
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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. "[[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."
 
Official holding on 24th June 2022:"The Constitution does not confer a right to abortion; Roe and Casey are 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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|link=https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473
|link=https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473
|case_text_source=Politico
|case_text_source=Politico
}}{{Infobox Case Brief/Case Text Link
|link=https://www.newsweek.com/read-supreme-court-ruling-overturning-roe-v-wade-1716972
|case_text_source=Newsweek article
}}
|Court_opinion_parts={{Court opinion part
|opinion_type=majority
|written_by=Alito
|joined_by=Thomas*Gorsuch*Kavanaugh*Barrett
}}{{Court opinion part
|opinion_type=concurrence
|written_by=Thomas
}}{{Court opinion part
|opinion_type=concurrence
|written_by=Kavanaugh
}}{{Court opinion part
|opinion_type=concurrence
|written_by=Roberts
}}{{Court opinion part
|opinion_type=dissent
|written_by=Breyer*Sotomayor*Kagan
}}
}}
}}
}}

Revision as of 17:30, June 25, 2022

Dobbs v. Jackson Women’s Health Organization
Court U.S. Supreme Court
Citation
Date decided June 24, 2022
Appealed from U.S. Court of Appeals, 5th Circuit
Overturned Planned Parenthood v. Casey
Roe v. Wade
Case Opinions
majority written by Alito
joined by Thomas, Gorsuch, Kavanaugh, Barrett
concurrence written by Thomas
concurrence written by Kavanaugh
concurrence written by Roberts
dissent written by Breyer, Sotomayor, Kagan

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

(From leaked opinion, not official): No. "Roe and Casey must be overruled."

Official holding on 24th June 2022:"The Constitution does not confer a right to abortion; Roe and Casey are overruled."

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.

Resources

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