Dobbs v. Jackson Women’s Health Organization
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|Dobbs v. Jackson Women’s Health Organization|
|Court||Supreme Court of the United States|
|Date decided||June 24, 2022|
|Appealed from||U.S. Court of Appeals, 5th Circuit|
|Overturned||Planned Parenthood v. Casey|
Roe v. Wade
|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|
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.
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.
Are all pre-viability prohibitions on elective abortions unconstitutional?
(From leaked opinion, not official): The Constitution “does not prohibit the citizens of each State from regulating and prohibiting abortion.”
On May 2, 2022, a draft of the majority opinion, written by Justice Samuel Alito, was leaked to the public.