Siteadmin, Bureaucrats, Check users, nsAm_Govt_101RO, nsAm_Govt_101RW, nsAm_Govt_101_ta, nsJudgesRO, nsJudgesRW, nsJudges_talkRO, nsJudges_talkRW, nsTeam2RO, nsTeam2RW, nsTeam2_talkRO, nsTeam2_talkRW, oversight, Administrators
125,789
edits
Changes
Jump to navigation
Jump to search
Line 1:
Line 1: − + − +
no edit summary
'''Hearbeat Bill litigation''' is a series of lawsuits around the country challenging [[Heartbeat Bill]]s enacted by state legislatures.
'''Hearbeat Bill litigation''' is a series of lawsuits around the country challenging [[Heartbeat Bill]]s enacted by state legislatures.
In a [[liberal]] majority panel on the [[Fifth Circuit]], it held [[per curiam]] that:
In a [[liberal]] majority panel on the [[Fifth Circuit]], it held on February 20, 2020 in a ''[[per curiam]]'' opinion that:
PER CURIAM:
:PER CURIAM:
:In 2018, Mississippi enacted a law prohibiting abortions, with limited exceptions, after 15 weeks' gestational age. A district court enjoined the law, and we recently upheld that injunction. Jackson Women's Health Org. v. Dobbs, 945 F.3d 265, 274, 277 (5th Cir. 2019) (Dobbs I). The 15-week law, we concluded, is not a mere regulation of previability abortions subject to the "undue burden" test of Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992). Dobbs I, 945 F.3d at 273-74. Instead, the law is a ban on abortion after 15 weeks, "which Casey does not tolerate." Id. at 274. Such a ban is unconstitutional under Supreme Court precedent without resort to the undue burden balancing test. Id.; see also Casey, 505 U.S. at 879 (holding that "a State may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability").
:In 2018, Mississippi enacted a law prohibiting abortions, with limited exceptions, after 15 weeks' gestational age. A district court enjoined the law, and we recently upheld that injunction. Jackson Women's Health Org. v. Dobbs, 945 F.3d 265, 274, 277 (5th Cir. 2019) (Dobbs I). The 15-week law, we concluded, is not a mere regulation of previability abortions subject to the "undue burden" test of Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992). Dobbs I, 945 F.3d at 273-74. Instead, the law is a ban on abortion after 15 weeks, "which Casey does not tolerate." Id. at 274. Such a ban is unconstitutional under Supreme Court precedent without resort to the undue burden balancing test. Id.; see also Casey, 505 U.S. at 879 (holding that "a State may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability").