Jackson Women's Health Organization v. Dobbs, No. 19-60455 (5th Cir. 2020)

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.