Dobbs v. Jackson Women's Health Organization

Held: abortion is not a fundamental right.

  • Fundamental rights are deeply rooted in the United States' history/tradition and implicit in the concept of ordered liberty.
    • The right to have an abortion is NOT a fundamental one.
  • Roe and Casey were "egregiously wrong" from the start.
    • The trimester framework and viability line were arbitrary judicial interventions.
    • The "undue burden" standard was too vague and "unworkable."
  • There were not "concrete reliance interests" at stake.
    • The idea that people have structured their lives around the availability of abortions is too intangible and speculative for a stare decisis analysis.
  • At its core, abortion is distinguishable from all other privacy cases because it destroys fetal life.
  • Regarding Geduldig v. Aiello, there is no Equal Protection Clause violation here, as pregnancy/abortion restrictions are not sex-based classifications.
  • Implication: any restriction on abortion must withstand only rational basis review.
    • Meaning: the action will be sustained if it is rationally related to a legitimate governmental purpose.