Roe v. Wade: A person may choose to have an abortion until a fetus becomes viable, based on the right to privacy contained in the Due Process Clause of the Fourteenth Amendment. Viability means the ability to live outside the womb, which usually happens between 24 and 28 weeks after conception.| Justia Law
Planned Parenthood of Southeastern Pa. v. Casey: A person retains the right to have an abortion, established by Roe v. Wade, but the state’s compelling interest in protecting the life of an unborn child means that it can ban an abortion of a viable fetus under any circumstances except when the health of the mother is at risk. Also, laws restricting abortion should be evaluated under an undue burden standard rather than a strict scrutiny analysis.| Justia Law
Alito spends a considerable portion of the first 68 pages of his decision blathering on about what the abortion laws were in the US in the mid-1800s when the 14th Amendment was ratified—when women were chattel.| Resistbot
