Posts tagged Roe v. Wade
Are State Laws Allowed to Restrict Abortion? An Analysis of the Legality of Abortion

Abortion has remained a highly contested legal controversy ever since the revolutionary Roe v. Wade ruling that upheld the constitutional right to abortion until viability—when the fetus can survive outside the uterus—due to the compelling government interest in the woman’s life and the right to liberty and privacy guaranteed by the Fourteenth Amendment. In recent years, however, individual states have increasingly restricted this right. In particular, a Mississippi law termed the Gestational Age Act “prohibits abortions after 15 weeks, except for… medical emergency or severe fetal abnormality,” thereby significantly restricting a woman’s legal access to abortion and penalizing abortion providers. [1] Subsequently, a lawsuit challenging the constitutionality of this legislation has been appealed to the Supreme Court after the petition for certiorari—an appeal to the Supreme Court to review a case given the prior court’s improper decision—was granted, even as both the district court and the Fifth Circuit Court of Appeal struck it down as unconstitutional. [2] Overturning the right to abortion through Dobbs v. Jackson Women’s Health Organization would contradict legal precedent, for further restricting the right to abortion infringes on the right of bodily integrity, which largely prevents state involvement in personal medical decisions.

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Current Events | Supreme Court (In)action on Texas’s S.B. 8: The Growing Vulnerability of Abortion Rights

Last month, plaintiffs in Whole Woman’s Health v. Jackson filed an emergency request to block Texas’s new law prohibiting nearly all abortions. [1] On September 1, the Supreme Court denied their request, allowing the nation’s most restrictive abortion law to go into effect. To fully grasp this case’s significance, it is necessary to examine the content of the Court’s decision, the dissents, and the key legal questions that the judgment leaves behind.

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