Episode 41
Oral Argument: Dobbs v. Jackson Women's Health | Case No. 19-1392 | Date Argued: 12/1/2021 | Date Decided: 6/24/2022
Dobbs v. Jackson Women's Health | Case No. 19-1392 | Date Argued: 12/1/2021 | Date Decided: 6/24/2022
Question Presented: Whether all pre-viability prohibitions on elective abortions are unconstitutional. 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. Whether abortion providers have third-party standing to invalidate a law that protects women from the dangers of late-term abortions by restricting inhumane dismemberment abortions.
Holding: The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives.
Result: Judgment REVERSED and case REMANDED.
Voting Breakdown: 9-0. Justice Alito delivered the opinion of the Court, in which Justices Thomas, Gorsuch, Kavanaugh and Barrett joined. Justice Thomas and Justice Kavanaugh filed concurring opinions. Chief Justice Roberts filed an opinion concurring in the judgment. Justices Breyer, Sotomayor and Kagan, filed
Link to Opinion: Here.
Oral Advocates:
For Petitioners: Scott G. Stewart, Solicitor General, Jackson, Miss. For Respondents: Julie Rikelman, New York, N.Y.; and Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D.C. (for United States, as amicus curiae.)