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RIGHT TO ABORTION

Dobbs v. Jackson Women’s Health Organization

Issues

Are all pre-viability prohibitions on elective abortions unconstitutional?

This case asks the Supreme Court to determine whether Mississippi’s ban on all elective abortions after fifteen weeks of pregnancy is constitutional. Petitioner Thomas Dobbs argues that the Court should overturn the precedent establishing a constitutional right to pre-viability abortions—Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey—or alternatively, reject viability as a measuring tool. In response, Respondent Women’s Health Center contends that the Court should uphold the constitutional right to abortion because there is no compelling reason to overrule the previous abortion precedents finding such a right. The Court’s decision on this case has serious implications for the rights of women, the role of religion in law-making, and stare decisis.

Questions as Framed for the Court by the Parties

Whether all pre-viability prohibitions on elective abortions are unconstitutional or not?

In 2018, Mississippi passed the Gestational Age Act (“HB 1510”), which prohibits abortions after 15 weeks, except for in cases of medical emergency or severe fetal abnormality. Jackson Women's Health Org. v. Dobbs at 269.

Acknowledgments

The authors would like to thank Professor Sheri Lynn Johnson for her insights into this case.

Additional Resources

 



 

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