“It must be stated at the outset and with clarity that Roe `s essential holding, the holding we reaffirm, has three parts. First is a recognition of the right of the woman to choose to have an abortion before viability and to obtain it without undue interference from the State. Before viability, the State’s interests are not strong enough to support a prohibition of abortion or the imposition of a substantial obstacle to the woman’s effective right to elect the procedure. Second is a confirmation of the State’s power to restrict abortions after fetal viability, if the law contains exceptions for pregnancies which endanger the woman’s life or health. And third is the principle that the State has legitimate interests from the outset of the pregnancy in protecting the health of the woman and the life of the fetus that may become a child. These principles do not contradict one another; and we adhere to each.”
PLANNED PARENTHOOD OF SOUTHEASTERN PENNSYLVANIA et al.
v.
CASEY, GOVERNOR OF PENNSYLVANIA, et al.
505 U.S. 833 (1992)
https://scholar.google.com/scholar_case?case=6298856056242550994
I think that’s settled law, Senators. Am I right?
“Viability, as the word has been used in United States constitutional law since Roe v. Wade, is the potential of the fetus to survive outside the uterus after birth, natural or induced, when supported by up-to-date medicine.”
https://en.wikipedia.org/wiki/Fetal_viability