Document Type


Publication Date



Health Organization1 has upended abortion jurisprudence. The case concerned a Mississippi law barring most abortions when the probable gestational age of the fetus was greater than fifteen weeks.2 Holding that the U.S. Constitution did not protect a right to abortion through the Due Process Clause of the Fourteenth Amendment,3 the Court overruled Roe v. Wade4 and Planned Parenthood of Southeastern Pennsylvania v. Casey.

5 Abortion, it explained, differed from other protected acts because abortion destroyed potential life.6 Deeming rational basis review appropriate,7 the Court concluded that the Mississippi law was rationally related to what the Court accepted as legitimate state interests: protecting the unborn and pregnant people, halting “barbaric” procedures, and preserving the integrity of the medical profession.8 The Court’s standard of review, rationale, and outcome signaled that laws prohibiting abortion are now valid, including those that apply as soon as a pregnancy begins.

Included in

Law Commons



To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.