From the Document: "On December 1, 2021, the U.S. Supreme Court heard oral argument [hyperlink] in 'Dobbs v. Jackson Women's Health Organization' [hyperlink], a case involving the constitutionality of Mississippi's Gestational Age Act (GAA), which generally prohibits an abortion once a fetus's gestational age is greater than 15 weeks. In 'Roe v. Wade' [hyperlink] and 'Planned Parenthood of Southeastern Pennsylvania v. Casey' [hyperlink], two of the Court's seminal abortion decisions, the Court recognized viability, the point in a fetus's development when it is potentially able to live outside of the mother's 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. Mississippi's 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 women's health."
CRS Legal Sidebar, LSB10669
Congressional Research Service: https://crsreports.congress.gov/