On Thursday, Mississippi called on the US Supreme Court, in a major case to be heard in its next term, to overturn a landmark 1973 ruling that recognized women have the constitutional right to abortion.
Mississippi Attorney General Lynn Fitch, a Republican, said in court filings that the Roe v. Wade and subsequent 1992 ruling, which argued that it was “flagrantly wrong,” and that the state legislature should have more leverage. to restrict abortion. The conservative majority in the court is 6-3.
The filing was the first time that Mississippi, in an effort to restore restrictive state abortion law, blocked by lower courts, overturned the Roe v. Wade case, which legalized abortion nationwide and ended an era in which some states banned the procedure. your argument.
“It’s time for the court to establish that right and bring this political debate back to the political branches of government,” Fitch added in a statement.
Mississippi is one of many Republican states that have adopted increasingly stringent abortion laws in recent years.
In May, the court agreed to hear the Mississippi case and will hear it on time, which begins in October. Judges are likely to hear oral arguments in November, with a decision due by the end of June 2022.
“If Rowe falls, half of the nation’s states will be ready to ban abortion altogether. Women of childbearing age in the United States have never known a world in which they did not have this basic right, and we will continue to fight to make sure they never will, ”said Nancy Northup, president of the Center for Reproductive Rights. who is among those who defy Mississippi law.
The Republican-backed Mississippi Act 2018 bans abortion after 15 weeks of pregnancy. The lower courts ruled against the law, and legislators passed it, fully aware that it was a direct challenge to Roe v. Wade’s case.
Religious conservatives have a long-standing goal of overturning Roe v. Wade, which recognized that the constitutional right to privacy protects a woman’s ability to have an abortion.
The court, in its 1992 ruling, Planned Parenthood in Southeastern Pennsylvania v. Casey, upheld the ruling and banned laws that place an “undue burden” on a woman’s ability to have an abortion.
Rowe v. Wade said states cannot ban abortion until the fetus is viable outside the womb, which doctors say is 24 to 28 weeks.
Mississippi law banned abortion much earlier. Other states have backed laws to prohibit this procedure even earlier.
Opponents of abortion hope the Supreme Court will narrow or overturn Roe v. Wade’s case. The court’s conservative majority includes the added last year of former Republican President Donald Trump’s third appointee, Judge Amy Connie Barrett. She replaced Liberal Justice Ruth Bader Ginsburg, an abortion rights advocate, who died in September.
After the only abortion clinic in Mississippi, the Jackson Women’s Health Organization sued to block the 15-week ban, a federal judge ruled against the state in 2018. The Fifth US Circuit Court of Appeals in New Orleans in 2019 reached the same conclusion.
The Supreme Court’s ruling of June 5-4, 2020 overturned a Louisiana law that imposed restrictions on abortion doctors. Ginsburg was still in court at the time, and Conservative Chief Justice John Roberts voted alongside the court’s Liberal wing in the decision. Roberts, however, made it clear that he voted that way because he felt bound by a 2016 court ruling overturning a similar Texas law.