Page:Dobbs v. Jackson Women's Health Organization.pdf/155

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DOBBS v. JACKSON WOMEN’S HEALTH ORGANIZATION

Breyer, Sotomayor, and Kagan, JJ., dissenting

members of her family. Ibid. A State could not, "by adopting one theory of life," override all "rights of the pregnant woman." Id., at 162.

At the same time, though, the Court recognized "valid interest[s]" of the State "in regulating the abortion decision." Id., at 153. The Court noted in particular "important interests" in "protecting potential life," "maintaining medical standards," and "safeguarding [the] health" of the woman. Id., at 154. No "absolut[ist]" account of the woman's right could wipe away those significant state claims. Ibid.

The Court therefore struck a balance, turning on the stage of the pregnancy at which the abortion would occur. The Court explained that early on, a woman's choice must prevail, but that "at some point the state interests" become "dominant." Id., at 155. It then set some guideposts. In the first trimester of pregnancy, the State could not interfere at all with the decision to terminate a pregnancy. At any time after that point, the State could regulate to protect the pregnant woman's health, such as by insisting that abortion providers and facilities meet safety requirements. And after the fetus's viability—the point when the fetus "has the capability of meaningful life outside the mother's womb"—the State could ban abortions, except when necessary to preserve the woman's life or health. Id., at 163–164.

In the 20 years between Roe and Casey, the Court expressly reaffirmed Roe on two occasions, and applied it on many more. Recognizing that "arguments [against Roe] continue to be made," we responded that the doctrine of stare decisis "demands respect in a society governed by the rule of law." Akron v. Akron Center for Reproductive Health, Inc., 462 U. S. 416, 419–420 (1983). And we avowed that the "vitality" of "constitutional principles cannot be allowed to yield simply because of disagreement with them." Thornburgh v. American College of Obstetricians and Gynecologists, 476 U. S. 747, 759 (1986). So the Court, over and