This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
The Supreme Court held that the Fourteenth Amendment does not protect a right to abortion, overruling Roe v. Wade and Planned Parenthood v. Casey.
Background and question before the Court
Mississippi’s Gestational Age Act prohibits abortions after fifteen (15) weeks of gestation, except in a medical emergency or severe fetal abnormality.
According to Jackson Women's Health Organization, Jackson Women’s Health Organization challenged the Act, alleging it violates the constitutional right to abortion established in Roe v. Wade and Planned Parenthood v. Casey.
According to Chief Justice Roberts, the Court’s certified question was whether all pre‑viability prohibitions on elective abortions are unconstitutional.
What each side argues
Petitioners (State of Mississippi)
According to Scott G. Stewart, Solicitor General, Jackson, Mississippi, solicitor General Scott G. Stewart argued that the Act should be upheld and that Roe and Casey have no constitutional basis.
Respondents (Jackson Women’s Health Organization and supporters)
According to Ms. RIKELMAN, Julie Rikelman contended that the law infringes on bodily integrity and the ability to make family‑related decisions.
What happened at oral argument
Justice Thomas asked whether the Court’s jurisprudence focuses on privacy, autonomy, or specifically on abortion.
According to Justice Thomas, justice Thomas inquired whether a standard other than viability was being proposed.
Justice Kagan asked how the Court would handle the case if the viability line were discarded and the undue‑burden test applied.
According to Justice Alito, justice Alito questioned whether the fifteen‑week line was arbitrary.
What the Court decided
The Court held that the Fourteenth Amendment does not protect the right to an abortion.
Roe v. Wade and Planned Parenthood v. Casey were overruled, returning authority over abortion regulation to the states.
The Court identified five factors that strongly favor overruling Roe and Casey.
The judgment of the Fifth Circuit was reversed and the case remanded.
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 1d305bd8d3c933704984-r1-70091abee490f2ed.pdfopinion
- e3cb529eb372d276a64c-r1-8032270447a8c06e.pdforal argument transcript
Guide generated September 28, 2026. Automated validation accepted this version.