Legal Definitions - Dobbs v. Jackson Women's Health Organization (2022)

Definition: Dobbs v. Jackson Women’s Health Organization is a Supreme Court case that was decided in 2022. The case reversed the decisions made in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey, which had previously established the fundamental right to an abortion before the fetus becomes viable. Dobbs v. Jackson states that the Constitution does not provide a right to abortion, and the authority to regulate abortion is now "returned to the people and their elected representatives."

Example:Mississippi's Gestational Age Act, passed in 2018, prohibited abortions after 15 weeks except for medical emergencies or severe fetal abnormalities. The act also applied penalties such as license suspension to abortion providers. Jackson Women’s Health organization filed a suit in a federal district court and challenged the constitutionality of the Gestational Age Act. The Supreme Court granted writ to address whether all pre-viability prohibitions on elective abortions are unconstitutional.

Explanation: The example illustrates how the Dobbs v. Jackson case was brought about due to Mississippi's Gestational Age Act, which prohibited abortions after 15 weeks. The case challenged the constitutionality of the act and ultimately led to the reversal of Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey.

Implications: With abortion no longer considered a fundamental right, states can regulate abortion for legitimate reasons, and laws regulating abortion are entitled to a strong presumption of validity if challenged under the Constitution. This means that states can now pass laws that restrict access to abortion, which could have significant implications for women's reproductive rights.