Supreme Court to Hear Abortion Case Challenging Roe v. Wade


The new case, Dobbs v. Jackson Women’s Health Organization, No. 19- 1392, issues a regulation enacted in 2018 by the Republican-dominated Mississippi Legislature that banned abortions if “the probable gestational age of the unborn human” was decided to be greater than 15 weeks. The statute, a calculated problem to Roe, included slim exceptions for medical emergencies or “a severe fetal abnormality.”

Lower courts mentioned the regulation was plainly unconstitutional underneath Roe, which forbids states from banning abortions earlier than fetal viability — the purpose at which fetuses can maintain life exterior the womb, or about 23 or 24 weeks.

Mississippi’s sole abortion clinic sued, saying the regulation ran afoul of Roe and Planned Parenthood v. Casey, the 1992 determination that affirmed Roe’s core holding.

Judge Carlton W. Reeves of Federal District Court in Jackson, Miss., blocked the regulation in 2018, saying the authorized concern was easy and questioning the state lawmakers’ motives.

“The state chose to pass a law it knew was unconstitutional to endorse a decades-long campaign, fueled by national interest groups, to ask the Supreme Court to overturn Roe v. Wade,” Judge Reeves wrote. “This court follows the commands of the Supreme Court and the dictates of the United States Constitution, rather than the disingenuous calculations of the Mississippi Legislature.”

“With the recent changes in the membership of the Supreme Court, it may be that the state believes divine providence covered the Capitol when it passed this legislation,” he wrote. “Time will tell. If overturning Roe is the state’s desired result, the state will have to seek that relief from a higher court. For now, the United States Supreme Court has spoken.”

A 3-judge panel of the United States Court of Appeals for the Fifth Circuit, in New Orleans, affirmed Judge Reeves’s ruling. “In an unbroken line dating to Roe v. Wade, the Supreme Court’s abortion cases have established (and affirmed, and reaffirmed) a woman’s right to choose an abortion before viability,” Judge Patrick E. Higginbotham wrote for almost all.



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