Can states ban abortions at earlier stages?

Lyle Denniston of the amazing SCOTUSblog writes:

In a wave of new laws enacted across the country, foes of abortion are pushing a common goal:  to ban the termination of pregnancy at earlier stages than the Supreme Court has previously allowed.  The first new case seeking to test whether the Court will go along with that campaign has been filed, and could be faced by the Justices later this year.  A response to that case by abortion supporters is now due on November 29.

The new case, Horne v. Isaacson (docket 13-402), is from Arizona, and the 2012 law at stake would prohibit a woman from having an abortion at twenty weeks or later in pregnancy — three or four weeks before the commonly accepted point at which a fetus could survive if born alive (that is, the point of fetal “viability”).  The Court has never allowed a ban on the woman’s choice to seek an abortion before her fetus was viable, and that line has held since 1973, when the decision in Roe v. Wade first recognized a constitutional right to end a pregnancy.

Read more on SCOTUSblog.

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