Opinion of the Court
"unborn human being's heart begins beating;" at eight weeks the "unborn human being begins to move in the womb;" at nine weeks "all basic physiological functions are present;" at ten weeks "vital organs begin to function," and "[h]air, fingernails, and toenails begin to form;" at eleven weeks "an unborn human being's diaphragm is developing," and he or she "may move about freely in the womb;" and at twelve weeks the "unborn human being" has "taken on the human form in all relevant respects." §2(b)(i) (quoting Gonzales v. Carhart, 550 U. S. 124, 160 (2007). It found that most abortions after fifteen weeks employ "dilation and evacuation procedures which involve the use of surgical instruments to crush and tear the unborn child," and it concluded that the "intentional commitment of such acts for nontherapeutic or elective reasons is a barbaric practice, dangerous for the maternal patient, and demeaning to the medical profession." §2(b)(ii).
Respondents are an abortion clinic, Jackson Women's Health Organization, and one of its doctors. On the day the Gestational Age Act was enacted, respondents filed suit in federal district court against various Mississippi officials, alleging that the Act violated this Court's precedents establishing a constitutional right to abortion. The District Court granted summary judgment in favor of respondents and permanently enjoined enforcement of the Act, reasoning that "viability marks the earliest point at which the State's interest in fetal life is constitutionally adequate to justify a legislative ban on nontherapeutic abortions" and
Institute, Gestational Limits on Abortion in the United States Compared to International Norms, 6-7 (2014); Is the United States one of seven countries that 'allow elective abortions after 20 weeks of pregnancy?', Wash. Post (Oct. 8, 2017) (stating that the claim made by the Mississippi Legislature and the Charlotte Lozier Institute was "backed by data"). A more recent compilation from the Center for Reproductive Rights indicates that Iceland and Guinea-Bissau are now also similarly permissive. See The World's Abortion Laws, Center for Reproductive Rights (Feb. 23, 2021) (last accessed Jan. 16, 2022).
