The Supreme Court began hearing a high-stakes case Wednesday, with conservative justices poised to uphold a Mississippi law that allows states to restrict abortion.
The Supreme Court heard nearly two hours of arguments regarding a Mississippi law restricting abortions after 15 weeks.
As a result of Roe v Wade in 1973 and Planned Parenthood v. Casey in 1992, states cannot restrict abortion before fetal viability, which is currently estimated to be between 22 and 24 weeks.
Former President Donald Trump’s Supreme Court nominee, Justice Brett Kavanaugh, says lawmakers and voters should regulate abortion.
When Congress, state legislatures, state supreme courts, and the people may make the decision, he asked.
To the extent that the Supreme Court rules with Mississippi, states may determine whether or not to restrict abortion access.
Roberts and Alito both questioned the 1973 viability criteria.
So, 15 weeks isn’t horrible. Roberts grilled Julie Rikelman, an opponent of the Mississippi law. “Choice has nothing to do with viability. How can 15 weeks be enough if it’s about choice?”
The chief judge also expressed concern that the US utilizes the viability standard, which Rikelman disputed.
Pro-lifers fear a court ruling upholding the 2018 legislation might enable states to restrict abortion outright.
To overturn Roe and Casey, Mississippi filed Dobbs v. Jackson Women’s Health Organization. He said the verdicts “haunted our nation” and “poisoned the law.”
So Kavanaugh referenced Brown v. Board of Education, which made school segregation unconstitutional, and Obergefell v. Hodges, which legalized same-sex marriage.
That said, why doesn’t the court’s history show that the best approach is to revert to neutrality and not stick with precedents, as all those earlier instances didn’t? “The country would be a lot different” if the Supreme Court followed precedent, Kavanaugh said.
A change in the court’s public image would be detrimental to the court’s image, according to the conservative justices.
Since Roe and Casey, 15 justices have concurred, while four — two of whom are now on the court — disagree.
Was she worried that the Constitution and its interpretation were essentially political acts? “I’m stumped.”
Justice Elena Kagan echoed Sotomayor’s concerns, stating precedent-setting is necessary to “prevent people feeling this court is a political institution that will change its membership based on who yells loudest.”
Jen Psaki said His administration would work with Congress to make abortion a legal right.
For nearly half a century, Roe v. Wade has protected the rights of women and all of us, she added.
Gestational Age Act of 2018 was adopted. A judicial challenge by Jackson Women’s Health Organization, the state’s only abortion facility, blocked the statute. The 5th Circuit upheld it, and Mississippi requested the Supreme Court to intercede last year.
The Jackson Women’s Health Organization provides abortion up to 16 weeks. The clinic’s attorneys indicated in September that about 100 women had abortions beyond 15 weeks.
This case came after decades of anti-abortion agitation. In a 6-3 conservative majority, Trump’s appointments of Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett reinforced such attempts. Trump promised to appoint “pro-life judges” to overturn abortion decisions.
Mr. Pence said the Supreme Court may be “creating history” by dismissing Roe v. Wade.
To support Mississippi would be an “extraordinary restriction of individual liberty,” said Justice Department Solicitor General Elizabeth Prelogar.
In her decision, the court has never revoked a fundamental right so vital to many Americans.
State Republicans have already planned for a Supreme Court decision that limits abortion rights. Most abortions would be banned if the Supreme Court repealed Roe, according to a dozen states, including Mississippi. Abortion will be illegal in at least 21 states if Roe is overturned or reduced, the Guttmacher Institute predicts
The court will rule by summer 2022.
Stay tuned to HonkNews for more.