The United States Supreme Court has scheduled oral argument on December 1, 2021 in the term’s most significant abortion case, Dobbs v. Jackson Women’s Health Organization. The Mississippi lawsuit is aimed squarely at the heart of the historical precedent Roe v. Wade who has banned the total ban on abortion in the United States since 1973.
Mississippi Attorney General Lynn Fitch celebrated the announcement in a Press release today, reaffirming the Mississippi case that the precedent Roe “strings together a view of decades-old facts, so that while science, medicine, technology and culture have all advanced rapidly since 1973,” said Fitch, “With Dobbs, the Supreme Court can return decision-making on abortion policy to elected leaders and enable people to empower women and promote life.
Shannon Brewer, director of the Jackson Women’s Health Organization, the only active abortion clinic in Mississippi and the institution in the crosshairs of this case, wrote in an editorial earlier this year that overthrowing Roe would have the exact opposite effect.
“Abortion is absolutely a matter of racial and economic justice. … The laws are inherently racist and classist; they keep blacks and browns down. And the research is clear: A woman who is denied an abortion is more likely to live in poverty even years later, ”Brewer wrote.
“The right to life through fertilization”
Dobbs will be the first abortion case to go to a formal Supreme Court hearing following the death of Justice Ruth Bader Ginsburg, a liberal activist and ongoing abortion rights advocate. Ginsburg’s replacement Amy Coney Barrett has a history of anti-abortion sentiment. In 2006, she signed an amendment of the “right to life from fertilization to natural death”.
The tension around Dobbs v. Jackson Women’s Health Clinic only rose this month when the United States Supreme Court allowed the application of a Texas law which has banned the vast majority of abortions in the state. In response to the Whole Woman’s Health v. Jackson, the court declined to rule on the constitutionality of the law, which implemented a $ 10,000 bounty for individuals to hunt down abortion providers for litigation, as well as those who “help or encourage ” the procedure.
By allowing the law to come into force while the lower courts continue to argue it, the Supreme Court has ushered in a new era of skepticism about abortion rights. The decision to refuse to urgently suspend the law was 5-4, with Barrett joining the majority.
In 2020, the United States Supreme Court struck down a Louisiana Act of 2014 that would have shut down virtually all abortion clinics in the state, affirming the basic logic under Roe. But the decision was 5-4, with Chief Justice John Roberts agreeing with Ginsburg and the other Liberals on the court. Now even Roberts’ assent would not be enough to stop the conservative wing of the post-Trump court from overturning half a century of precedence.
A federal court initially blocked the Law 2018 in the heart of the Dobbs case, the Gestational Age Act, which prohibits abortion after 15 weeks of gestation. While much of the bill’s wording addresses the development of the fetus in the womb into “human form,” the Mississippi state’s petition to the Supreme Court makes it clear that the goal is to demolish the central principle of Roe, which prevents restricting abortion before fetal viability, occurring around 23 weeks.
“Under the Constitution, can a state ban elective abortions before viability? The state of Mississippi asks in its brief. “Yes. Why? Because nothing in the constitutional text, structure, history or tradition supports an abortion right.… Roe and Casey (v. Planned Parenthood) are dead wrong. The conclusion that the abortion is a constitutional right has no basis in text, structure, history or tradition.
In Roe’s absence, Mississippi has trigger laws that will drastically restrict abortion beyond the 15-week ban in the Gestational Age Act. In 2019, Gov. Phil Bryant signed a fetal heart rate law to ban abortion after six weeks gestation, several months before fetal viability. Judge Carlton Reeves blocked this law, and the 5th U.S. Court of Appeals upheld its ruling, but Roe and Casey’s logic underlies those rulings.
Data from the Centers for Disease Control show that more over 92% of abortions “were performed at ≤13 weeks’ gestation,” meaning that the real impact of Mississippi’s 15-week abortion ban could be a ban on abortions well into the future. beyond the reach of his language.
Without Roe, Mississippi’s precarious abortion access is likely doomed. “Some states, including California and New York, have laws protecting abortion rights,” Brewer wrote. “(But) Mississippi laws are designed to make abortion difficult to obtain and to make clinics like mine more difficult to operate. There are now five states with only one abortion clinic remaining. “