Supreme Court to Hear an Abortion Case Challenging Roe V. Wade
Dobbs vs. Jackson Health OrganizationThis case concerns a Mississippi abortion law passed in 2018 which bans abortions after 15 weeks of pregnancy except in “medical emergencies and severe fetal abnormality". This law was challenged and was ultimately blocked by the 5th U.S. Circuit as unconstitutional under existing precedent.
Roe v. Wade: A summaryAbortion has been one of the most controversial legal issues in American politics for decades. In 1973, the Supreme Court in Roe v. Wade made a significant ruling that would change the way states can regulate abortion in the U.S. The case started when Jane Roe, an unmarried pregnant woman, filed suit challenging Texas abortion laws. She was then joined by a doctor who argued that Texas abortion laws were too vague for doctors to follow. The Court ruled that a woman's right to terminate her pregnancy was protected by the Due Process Clause of the 14th amendment of the Constitution. A three 12 -week trimester system was created by this decision. This system would:
- Allow women to get an abortion with no restrictions in the first three months of the pregnancy
- In the second trimester, some government regulation would be allowed
- In the third trimester, the unborn child's life outweighs the right to privacy of the mother. Thus, a state can restrict or ban abortions unless the abortion is necessary to save her life.
Would Overturning Roe v. Wade Make Abortion Illegal?No, rather states will have the option to determine their own rules when it comes to regulating abortion. In the absence of the Roe v. Wade decision, states like Alabama and Texas could reinstitute abortion bans that haven't been enforced since the Roe V. Wade decision. Abortion would continue to be legal in 13 states including California, Nevada, and Delaware. Eight states, on the other hand, would immediately ban almost all abortions. These states include Mississippi, Tennessee, and Kentucky.
- Roe v. Wade Case Summary: What You Need to Know
- Could Roe v. Wade Be Overturned?
- After Roe v. Wade
- Supreme Court Upholds Precedent, Invalidating Louisiana Abortion Law
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Or contact an attorney near you: