Dobbs v. Jackson Women's Health Organization

Roberts CourtDue Process

The Court overruled Roe and Casey, returning abortion regulation to the states.

Overview

Mississippi banned most abortions after fifteen weeks, defending the law by attacking the viability rule. Justice Alito, for a majority of five, held that the Constitution makes no reference to abortion and no such right is deeply rooted in history and tradition, and that Roe and Casey were egregiously wrong. The decision ended the federal constitutional right to abortion after forty-nine years, producing a patchwork of state bans and protections, and reopening debates about substantive due process, stare decisis, and unenumerated rights.

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