Also known as: viable · viabilities · fetal viability
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
The stage of fetal development at which the fetus is capable of surviving outside the womb with or without artificial aid. Post-Dobbs, this developmental point no longer serves as a federal constitutional boundary. States may regulate or prohibit abortion at any stage subject only to rational basis review and other constitutional protections.
The stage of fetal development at which the fetus is capable of surviving outside the womb with or without artificial aid. Post-Dobbs, this developmental point no longer serves as a federal constitutional boundary. States may regulate or prohibit abortion at any stage subject only to rational basis review and other constitutional protections.
Select any source to read its text and confirm it supports the definition.
The capacity of land or a regulated use to produce sufficient economic return to avoid classification as a regulatory taking. Regulations that leave economically viable uses intact generally survive takings challenges under a multi-factor balancing test.
Select any source to read its text and confirm it supports the definition.
The capacity of land or a regulated use to produce sufficient economic return to avoid classification as a regulatory taking. Regulations that leave economically viable uses intact generally survive takings challenges under a multi-factor balancing test.
Each sense below has its own examples, sources, and questions.
Viktor Voronin, a physician in a state that enacted a total ban on abortion, performs the procedure on a patient at 18 weeks gestation. The state prosecutes him under the new statute. Because the fetus has not reached the stage of development allowing survival outside the womb, the ban is subject only to rational basis review and the prosecution proceeds.
Vincent Valdez challenges a state law requiring a 24-hour waiting period before an abortion at 15 weeks. The statute leaves the choice available before the fetus can survive outside the womb. The court sustains the regulation because it does not impose an undue burden on the pre-viability decision.
Vanessa Vega seeks an abortion at 30 weeks in a state that prohibits the procedure after viability except to save the mother's life. Medical evidence shows the fetus can survive outside the womb. The state enforces the ban and the court upholds it as within the state's authority to protect potential life.
Vera Vargas seeks an abortion at 16 weeks in a state that bans the procedure after 15 weeks. She argues the cutoff prevents her from obtaining the procedure before the fetus reaches viability. The court upholds the statute under rational basis review because Dobbs returned regulatory authority to the states.
The stage at which the fetus is capable of surviving outside the womb. Before that point states may regulate but not prohibit. After that point states may prohibit except when necessary to preserve the mother's life or health.
Supporting sources
Dobbs returned authority to the states to regulate or prohibit abortion before fetal viability, subject only to rational basis review and other constitutional protections. The prior federal constitutional right recognized in Roe and Casey no longer exists.
Supporting sources
Victor Vargas owns a historic building that the city designates a landmark, blocking his plan to demolish it and construct a high-rise. The designation leaves him able to continue profitable operations in the existing structure. The court applies the multi-factor test and finds no taking because economically viable uses remain.
Virgil Vaughn owns parcels subject to a multi-year development moratorium imposed by a regional planning agency. The moratorium prevents immediate construction but leaves the land available for future economically productive uses once the restriction lifts. The court finds no taking because the parcels retain long-term economic viability.
No. A regulation is not a taking if it leaves economically viable uses of the property intact. Courts then apply a multi-factor test weighing economic impact, interference with investment-backed expectations, and the character of the government action.
Supporting sources
Courts examine the economic impact on the owner, the extent of interference with distinct investment-backed expectations, and the character of the governmental action. If viable uses remain after these factors are weighed, no taking has occurred.
Supporting sources
…the abortion procedure in ways that are reasonably related to maternal health. Pp. 163-164. (e) For the stage subsequent to viability, the State in promoting its interest in the potentiality of human life may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical…