Friday, December 30, 2022

[CASE DIGEST] Dobbs v. Jackson Women's Health Organization (2022)

Dobbs v. Jackson Women's Health Organization was a landmark decision of the United States Supreme Court in which the court held that the Constitution of the United States does not confer a right to abortion. The decision overturned the 1973 Roe v. Wade decision and the 1992 Planned Parenthood v. Casey decision, which had established a constitutional right to abortion.


The case arose out of a challenge to Mississippi's Gestational Age Act, which prohibited most abortions after 15 weeks of pregnancy. The law made exceptions for medical emergencies and severe fetal abnormalities, but it did not allow for abortions based on the woman's personal decision.


The Jackson Women's Health Organization, the only abortion clinic in Mississippi, challenged the law as unconstitutional. The clinic argued that the law violated the undue burden standard established in Planned Parenthood v. Casey. The district court agreed with the clinic and struck down the law. The Fifth Circuit Court of Appeals upheld the district court's decision.


The Supreme Court granted certiorari to review the Fifth Circuit's decision. In a 6-3 decision, the Court held that the Constitution does not confer a right to abortion. The majority opinion, written by Justice Samuel Alito, argued that the right to abortion is not deeply rooted in the nation's history and tradition. The majority also argued that the right to abortion is not essential to the concept of ordered liberty.