Viability

Definition and stakes

Supreme Court of the United States,  Dobbs v. Jackson Women's Health Organization (2022)

“ The majority lists a number of cases that have stressed the importance of the viability rule to our abortion precedents. See ante, at 73–74. I agree that—whether it was originally holding or dictum—the viability line is clearly part of our “past precedent,” and the Court has applied it as such in several cases since Roe. Ante, at 73. My point is that Roe adopted two distinct rules of constitutional law: one, that a woman has the right to choose to terminate a pregnancy; two, that such right may be overridden by the State’s legitimate interests when the fetus is viable outside the womb. ”
Source: Wikisource

Supreme Court of the United States,  Dobbs v. Jackson Women's Health Organization (2022)

“ Under this scheme, each trimester of pregnancy was regulated differently, but the most critical line was drawn at roughly the end of the second trimester, which, at the time, corresponded to the point at which a fetus was thought to achieve “viability,” i.e., the ability to survive outside the womb. Although the Court acknowledged that States had a legitimate interest in protecting “potential life,” [1] it found that this interest could not justify any restriction on pre-viability abortions. ”
Source: Wikisource

Portrait of Anthony Kennedy Anthony Kennedy,  Gonzales v. Carhart — Opinion of the Court (2007)

“ It also may not impose upon this right an undue burden, which exists if a regulation's "purpose or effect is to place a substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability." Id., at 878. On the other hand, " [r] egulations which do no more than create a structural mechanism by which the State, or the parent or guardian of a minor, may express profound respect for the life of the unborn are permitted, if they are not a substantial obstacle to the woman's exercise of the right to choose." Id., at 877. Casey, in short, struck a balance. ”
Source: Wikisource

Get perspective with Kwize: daily news enlightened by great literature