bortion rulings and legislation. Referring to Roe v. Wade, the Act affirms abortion in the early stages of a woman’s pregnancy. The Act challenges the rulings in Roe regarding the viability standard. In Roe, the State could ban abortions once the fetus reached viability. Using the trimester framework, the Court ruled that the third trimester would be defined as the point of fetus viability. Once a fetus reaches this point, the State has a compelling interest in protecting its future life, and therefore has the right to ban abortions. The Abortion Clarification Act attempts to change the point which the State considers the fetus to be of compelling state interest. The legislation attempts to implement the “fetal heartbeat standard”, which claims to be, “more certain, consistent, and capable of being applied in a principled manner.” The State also argues that the fetal heartbeat standard is “plainly discernible, does not significantly shift with technological advancement, and is widely understood by the public to be indicative of the existence of a distinct human life.” This notion would change the point in which the State could ban abortions from six months to approximately six weeks. Along with the “fetal heartbeat standard”, the ACA hopes to change the “health exception” implemented by the Court in Doe v. Bolton. It wants to remove, “emotional, psychological, familial, and the woman’s age” as health factors that allow for legal late-term abortions. It proposes that the only exception for post-fetal heartbeat abortions would be to protect the physical health of the mother. Finally, the Act affirms the undue burden standard of Casey v. Planned Parenthood. Immediately following the signing of the statute, Planned Parenthood of Texarkana filed suit. They presented their contention in the parts of the ACA that prohibited abortions before viability as well as the elimination of the four other health standards defined by Doe. The court granted this injunction but the ruling was reversed by the Court of Appeals. This case has now been granted certiorari for review by the Supreme Court.

II. Fetal Heartbeat Standard

One of the major changes the ACA attempts to make is the establishment of a new fetal heartbeat standard. Applying this standard would significantly reduce the amount of time needed in a pregnancy for the government to consider the fetus a compelling state interest. The plaintiff, Planned Parenthood of Texarkana, will immediately refer to the precedent set by Roe v. Wade as their strongest argument. In Roe, the Court deemed abortion a constitutional right implied in the Due Process Clause of the 14th Amendment. The right to privacy found in this Amendment and previously defined by Griswold v Connecticut, prevents unwarranted government intrusion in family matters. Therefore, a woman has the right to plan her family on her own terms without th