Are Fetal Heartbeat Laws Constitutional? (and the History of Roe v. Wade) -- Real Law Review

Can states circumvent Roe v. Wade? Is Roe still good law? What will happen in the Supreme Court?
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Several states have signed or enacted “fetal heartbeat bills” that ban abortion as soon as electrical activity is detected within the fetus. Doctors say that this activity can occur as soon as six weeks after fertilization. Some advocates call this a complete ban on abortions in disguise.

If you ask most people about abortion rights they can probably name one case: Roe v. Wade. But in the modern era, the more important case is Planned Parenthood v. Casey. Both Roe and Casey are the progeny of another case called Griswold v. Connecticut which first recognized a right to privacy.

Regardless of which side of the aisle you sit, it’s important to know the constitutional underpinnings of the current jurisprudence. Supreme Court case law can change. Often it needs to. In some ways it’s inevitable. So let’s talk about how things are likely to change in the wake of the fetal heartbeat bills.

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