Supreme Court and Abortion Law

In Roe v. Wade (1973), the Supreme Court ruled that the Constitution protects a woman's right to have an abortion without excessive government restriction.

In Planned Parenthood v. Casey (1992), the Supreme Court upheld the right to abortion established in Roe v. Wade, but allowed states to impose certain regulations on abortion, such as waiting periods and parental notification requirements.

In Dobbs v. Jackson Women's Health Organization (2022), the Supreme Court overturned Roe v. Wade and Planned Parenthood v. Casey, holding that the Constitution does not confer a right to abortion and that states are free to regulate or ban abortion as they see fit.

Intermediate scrutiny is a level of judicial review that requires the government to have a legitimate interest in regulating abortion and to use means that are narrowly tailored to achieve that interest.

While waiting periods, parental notification requirements, and bans on abortion after a certain point in pregnancy are common types of abortion restrictions, mandatory counseling before an abortion is not as common.

Abortion equality refers to the idea that all people should have equal access to abortion care, regardless of their location or financial means.

Justice Harry Blackmun wrote the majority opinion in Roe v. Wade, which established the constitutional right to abortion.

The dissenting justices in Roe v. Wade argued that the right to abortion should be balanced against the state's interest in protecting potential life.

Overturning Roe v. Wade is likely to lead to decreased access to abortion care, not increased access.

Abortion autonomy refers to the idea that the government should not interfere with a woman's decision to have an abortion.

Anti-abortion activists typically argue that abortion is morally wrong, harmful to women, and a form of violence against women. They do not typically argue that abortion is a necessary medical procedure.

Abortion justice refers to the idea that abortion should be legal and accessible to all women, regardless of their financial means.

Pro-choice activists typically argue that abortion is a woman's right, a safe and legal medical procedure, and necessary to protect women's health and lives. They do not typically argue that abortion is a form of violence against women.

Abortion regulation refers to the idea that the government should regulate abortion in order to protect the health and safety of women.