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19-1392 DOBBS V. JACKSON WOMEN'S HEALTH DECISION BELOW: 945 F.3d 265 GRANTED LIMITED TO QUESTION 1. CERT. GRANTED 5/17/2021 QUESTION PRESENTED: 1. Whether all pre-viability prohibitions on elective abortions are unconstitutional. 2. Whether the validity of a pre-viability law that protects women's health, the dignity of unborn children, and the integrity of the medical profession and society should be analyzed under Casey's "undue burden" standard or Hellerstedt's balancing of benefits and burdens. 3. Whether abortion providers have third-party standing to invalidate a law that protects women's health from the dangers of late-term abortions. LOWER COURT CASE NUMBER: 18-60868
Dobbs v. Jackson Women's Health Organization was a case heard by the United States Supreme Court in 2021. The case centered around Mississippi’s 15-week abortion ban, which had been blocked by lower courts due to its violation of Roe v Wade and other precedents set forth by the court. In a 6-3 decision, the Supreme Court ruled that Mississippi’s law was unconstitutional because it placed an undue burden on women seeking abortions before viability. Justice Stephen Breyer wrote for the majority opinion, noting that states are not allowed to “prohibit any woman from making the ultimate decision to terminate her pregnancy before viability." He also noted that this ruling did not prevent states from enacting laws regulating or even prohibiting abortions after fetal viability has been reached as long as they do not impose an undue burden on women seeking pre-viability abortions.
In the dissenting opinion of the Supreme Court case of Dobbs v. Jackson Women's Health Organization, Justice Thomas argued that the majority opinion was wrong in its interpretation of the Constitution. He argued that the majority opinion was based on a flawed interpretation of the Fourteenth Amendment, which he argued did not provide a right to abortion. He argued that the majority opinion was based on a misinterpretation of the "liberty" clause of the Fourteenth Amendment, which he argued did not provide a right to abortion. He argued that the majority opinion was based on a misinterpretation of the "privacy" clause of the Fourteenth Amendment, which he argued did not provide a right to abortion. He argued that the majority opinion was based on a misinterpretation of the "equal protection" clause of the Fourteenth Amendment, which he argued did not provide a right to abortion. He argued that the majority opinion was based on a misinterpretation of the "due process" clause of the Fourteenth Amendment, which he argued did not provide a right to abortion. He argued that the majority opinion was based on a misinterpretation of the "substantive due process" clause of the Fourteenth Amendment, which he argued did not provide a right to abortion. He argued that the majority opinion was based on a misinterpretation of the "fundamental rights" clause of the Fourteenth Amendment, which he argued did not provide a right to abortion. He argued that the majority opinion was based on a misinterpretation of the "right to travel" clause of the Fourteenth Amendment, which he argued did not provide a right to abortion. He argued that the majority opinion was based on a misinterpretation of the "right to privacy" clause of the Fourteenth Amendment, which he argued did not provide a right to abortion. He argued that the majority opinion was based on a misinterpretation of the "right to choose" clause of the Fourteenth Amendment, which he argued did not provide a right to abortion. He argued that the majority opinion was based on a misinterpretation of the "right to life" clause of the Fourteenth Amendment, which he argued did not provide a right to abortion. He argued that the majority opinion was based on a misinterpretation of the "right to bodily integrity" clause of the Fourteenth Amendment, which he argued did not provide a right to abortion. He argued that the majority opinion was based on a misinterpretation of the "right to health care" clause of the Fourteenth Amendment,