EXPLAINED BY A LAWYER: DOBBS V. JACKSON WOMEN'S HEALTH AND ROE V. WADE BEING OVERTURNED

So you know Roe v. Wade was overturned, but do you know why? Most people don't realize that Roe v. Wade was overturned due to another case all together - Dobbs v. Jackson Women's Health Organization.

In short, Roe v. Wade gave women the implicit constitutional right to abortion under the Due Process Clause of the Fourteenth Amendment. (Implicit means that the right was not explicitly set forth in the Constitution, but was rather implied through the language of the amendment). In deciding Roe, the Supreme Court of the United States deemed 24 weeks to be an estimate of the point of fetal viability and also set forth a times table that essentially told states how they were able to regulate abortions depending on the trimester of pregnancy.

Nonetheless, in 2018, Mississippi enacted the Mississippi Gestational Age Act, which prohibited abortions after 15 weeks (unless in the case of a medical emergency). Mississippi enacted this law knowing that it contradicted the holding of Roe, and that it would be constitutionally challenged. In other words, this was Mississippi's attempt at indirectly overturning Roe v. Wade. The Act was challenged as expected, and the case made its way to the Supreme Court (Dobbs v. Jackson Women's Health Organization). The main question presented to the court in Dobbs was: Are all pre-viability abortion bans unconstitutional? The court answered this question in the negative, held Mississippi's Act to be constitutional, and also overturned Roe v. Wade stating that women actually do not possess an implicit constitutional right to abortion under the Due Process Clause of the Fourteenth Amendment.

In this video, I go into further detail regarding the facts of each case, and what to expect going forward. I also discuss former Supreme Court Justice, Ruth Bader Ginsburg's opinion on Roe v. Wade and the difference it could have made if Roe v Wade was initially argued as an Equal Protection issue rather than a right to privacy issue. Once you've watched this video, please let me know your thoughts. And as always, if you enjoyed this video, please hit the "like" and "subscribe" buttons as that really supports my channel :)