Jackson Women's Health Organization v. Dobbs, No. 19-60455 (5th Cir. 2020)Annotate this Case
The Fifth Circuit affirmed the district court's preliminary injunction enjoining Senate Bill 2116, which makes it a crime to perform an abortion, with exceptions only to prevent the death of, or serious risk of "substantial and irreversible" bodily injury to, the patient, after a "fetal heartbeat has been detected." The court previously upheld an injunction enjoining a law prohibiting abortions, with limited exceptions, after 15 weeks' gestational age.
The court held that S.B. 2116 bans abortions at a previability stage of pregnancy regardless of the reason the abortion is sought. In this case, the parties agree that cardiac activity can be detected well before the fetus is viable. Therefore, the court held that if a ban on abortion after 15 weeks is unconstitutional, then it follows that a ban on abortion at an earlier stage of pregnancy is also unconstitutional.