The legislation at problem within the new case was enacted in 2018 by the Republican-dominated Mississippi Legislature. It banned abortions if “the possible gestational age of the unborn human” was decided to be greater than 15 weeks. The statute included slim exceptions for medical emergencies or “a extreme fetal abnormality.”
Decrease courts blocked the Mississippi statute, calling it a cynical and calculated assault on abortion rights straight at odds with Supreme Courtroom precedents. The justices agreed to listen to the case in Might, simply months after Justice Amy Coney Barrett, who has mentioned she personally opposes abortion, joined the courtroom. She changed Justice Ruth Bader Ginsburg, a proponent of abortion rights, who died final yr.
Of their petition in search of Supreme Courtroom evaluation, state officers advised the justices that “the questions introduced on this petition don’t require the courtroom to overturn Roe or Casey,” although they did increase the chance in a footnote. As soon as the courtroom agreed to listen to the case, the officers shifted their emphasis and commenced a sustained assault on these precedents.
In a transient filed in July, Ms. Fitch wrote that Roe was “egregiously unsuitable.”
“The Structure doesn’t defend a proper to abortion,” she wrote. “The Structure’s textual content says nothing about abortion. Nothing within the Structure’s construction implies a proper to abortion or prohibits states from limiting it.”
Ms. Fitch advised the justices that the scope of abortion rights must be decided via the political course of. “The nationwide fever on abortion can break,” she wrote, “solely when this courtroom returns abortion coverage to the states — the place settlement is extra frequent, compromise is usually attainable, and disagreement might be resolved on the poll field.”
Within the transient filed on Monday, the Mississippi abortion suppliers urged that the change within the state’s method represented a bait-and-switch tactic that would warrant dismissal of the case.
The exact query the justices agreed to resolve was “whether or not all previability prohibitions on elective abortions are unconstitutional.” Relying on how the courtroom solutions that query, it may reaffirm, revise or cast off the longstanding constitutional framework for abortion rights.