Planned Parenthood v. Casey in the context of "Abortion laws in U.S. states"

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👉 Planned Parenthood v. Casey in the context of Abortion laws in U.S. states

The legality of abortion in the United States and the various restrictions imposed on the procedure vary significantly, depending on the laws of each state or other jurisdiction, although there is no uniform federal law. Some states prohibit abortion at all stages of pregnancy, with few exceptions; others permit it up to a certain point in a woman's pregnancy, while some allow abortion throughout a woman's pregnancy. In states where abortion is legal, several classes of restrictions on the procedure may exist, such as parental consent or notification laws, requirements that patients be shown an ultrasound before obtaining an abortion, mandatory waiting periods, and counseling requirements.

From 1973 to 2022, Supreme Court rulings in Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) created, and maintained, federal protections for a pregnant woman's right to get an abortion, ensuring that states could not ban abortion prior to the point at which a fetus may be deemed viable. However, Roe and Casey were overturned by Dobbs v. Jackson Women's Health Organization (2022), and states may now impose any regulation on abortion, provided it satisfies rational basis review and does not otherwise conflict with federal law. Prior to the Court's decision in Dobbs, many states enacted trigger laws to ban abortion, should Roe be overturned. Additionally, several states either have enacted or are in the process of enacting stricter abortion laws following Dobbs, and some have resumed enforcement of laws in effect prior to 1973. While such laws are no longer considered to violate the United States Constitution, they continue to face some legal challenges in state courts.

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Planned Parenthood v. Casey in the context of Dobbs v. Jackson Women's Health Organization

Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022), is a landmark decision of the United States Supreme Court in which the court held that the United States Constitution does not confer a right to abortion. The court's decision overruled both Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), devolving to state governments the authority to regulate any aspect of abortion that federal law does not preempt, as "direct control of medical practice in the states is beyond the power of the federal government" and the federal government has no general police power over health, education, and welfare.

The case concerned the constitutionality of a 2018 Mississippi state law that banned most abortion operations after the first 15 weeks of pregnancy. Jackson Women's Health Organization—Mississippi's only abortion clinic at the time—had sued Thomas E. Dobbs, state health officer with the Mississippi State Department of Health, in March 2018. Lower courts had enjoined enforcement of the law. The injunctions were based on the ruling in Planned Parenthood v. Casey (1992), which had prevented states from banning abortion before fetal viability, generally within the first 24 weeks, on the basis that a woman's choice for abortion during that time is protected by the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution.

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