Webster V. Reproductive Health Services - The Supreme Court's Decision

The Supreme Court's Decision

The Supreme Court overturned the decision of the lower court, stating that:

  1. The court did not need to consider the constitutionality of the law's preamble, as it is not used to justify any abortion regulation otherwise invalid under Roe v. Wade.
  2. The prohibitions on the use of public employees, facilities, and funds did not violate any of the Court's abortion decisions, as no affirmative right to the use of state aid for nontherapeutic abortions existed. The state could allocate resources in favor of childbirth over abortion if it so chose.
  3. Provisions requiring testing for viability after 20 weeks of pregnancy were constitutional, but those limiting abortions in the second trimester of pregnancy were unconstitutional.

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