[20201016]LSB10542_胎儿存活率和法官艾米·科尼·巴雷特.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Fetal Viability and Judge Amy Coney Barrett October 16, 2020 The Supreme Court nomination of Judge Amy Coney Barrett has prompted greater scrutiny of her judicial opinions, academic writing, and statements to discern how she might decide future cases if she were confirmed to the High Court. With cases involving the Affordable Care Act, the First Amendment, and civil rights on the Courts docket in its current term, Judge Barretts views on these subjects are being carefully reviewed. Commentators are also examining Judge Barretts background and writing to try to gauge her views on the Courts seminal 1973 abortion decision, Roe v. Wade. Although the Supreme Courts docket does not include any cases involving abortion at the moment, the Court is considering whether to review Dobbs v. Jackson Womens Health Organization. Dobbs implicates one of Roes “essential holdings”: that a state may not completely prohibit abortion before fetal viability, a point in fetal development when a fetus is able to live outside of the mothers womb with or without artificial assistance. Judge Barrett joined a disse