Under Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), the states are powerless to prohibit D&E, since it is the most common method of abortion after fifteen weeks, and those cases
mandate elective abortion until viability, and «health «indicated» abortion until birth.
In its famous 1973 decision Roe v. Wade, the United States Supreme Court
mandated elective abortion up to viability, and abortion for broadly defined «health» reasons (i.e., virtually elective abortion) thereafter.