Dobbs v. Jackson Women's Health Organization [2022]

597 U.S. 215 (2022) · Supreme Court of the United States · United States

Summary

Major modern substantive due process and stare decisis decision.

Facts

Mississippi defended a gestational-age abortion restriction against constitutional challenge.

Issue

Does the Constitution confer a right to abortion?

Held

No. The Court overruled Roe and Casey.

Ratio Decidendi

Abortion regulation is generally returned to democratic processes, subject to rational basis review federally.

Reasoning

The majority concluded the asserted right was not deeply rooted in the nation's history and tradition.

Significance

Major modern substantive due process and stare decisis decision.

Related Cases

Exam Tips

Review the ratio and reasoning before applying this case in problem questions.

Sources