[20211213]LSB10669_最高法院审议密西西比州堕胎法.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Supreme Court Considers Mississippi Abortion Law December 13, 2021 On December 1, 2021, the U.S. Supreme Court heard oral argument in Dobbs v. Jackson Womens Health Organization, a case involving the constitutionality of Mississippis Gestational Age Act (GAA), which generally prohibits an abortion once a fetuss gestational age is greater than 15 weeks. In Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey, two of the Courts seminal abortion decisions, the Court recognized viability, the point in a fetuss development when it is potentially able to live outside of the mothers womb, as the earliest time at which a state may prohibit the performance of an abortion. In Roe and Casey, the Court recognized viability as occurring at around 23 to 24 weeks. Mississippis Solicitor General argued that the GAA should be upheld despite Supreme Court precedent restricting abortion prohibitions before fetal viability. The state contended that Roe and Casey were wrongly decided and maintained that the GAA furthers valid state interests in protecting the “unborn” and womens health. B