Some members of the GOP are pushing a 20-week abortion plan — HR 36 — that is about as unconstitutional as it gets. Here’s an explanation about why this proposed ban runs counter to the law. From RH Reality Check:
That’s the central holding of Roe. You have the right to an abortion if the fetus isn’t viable. After viability, however, states can ban abortion, as long as those bans contain a health exception.
Even though the Court in Roe decided that fetal viability would be the benchmark for the balance between a person’s right to choose and the state’s interest in “potential life,” the Court was silent on when fetal viability occurs. It left that decision up to doctors. (It is widely cited to occur around 22-24 weeks.)
And so it has been for 40 years. This constitutional principle has been repeated over and over, and the Supreme Court and lower federal courts have never strayed from it.
Here. You can read H.R. 36 for yourself. And thanks, Leftover, for the links.