Horne v. Isaacson

Issue: (1) Whether the Ninth Circuit correctly held that the “viability” line from Roe v. Wade and Planned Parenthood v. Casey remains the only critical factor in determining constitutionality, to the exclusion of other significant governmental interests, or whether Arizona’s post-twenty-week limitation is facially valid because it does not pose a substantial obstacle to a safe abortion; (2) whether the Ninth Circuit erred in declining to recognize that the State’s interests in preventing documented fetal pain, protecting against a significantly increased health risk to the mother, and upholding the integrity of the medical profession are sufficient to support limitations on abortion after twenty weeks gestational age when terminating the pregnancy is not necessary to avert death or serious health risk to the mother; and (3) whether, if the Ninth Circuit correctly held that its decision is compelled by this Court’s precedent in Roe v. Wade and its progeny, those precedents should be revisited in light of the recent, compelling evidence of fetal pain and significantly increased health risk to the mother for abortions performed after twenty weeks gestational age.

SCOTUSblog Coverage

• Petition of the day (Mary Pat Dwyer)