Mississippi formally requested the US Supreme Court on Thursday to uphold the ban on abortion after 15 weeks of pregnancy and overturned Roe v. Wade, a landmark decision in 1973 that gave women unlimited rights to terminate the pregnancy before the fetus survives outside the womb.
“Under the Constitution, may a State prohibit elective abortions before viability? Yes. Why? Because nothing in constitutional text, structure, history, or tradition supports a right to abortion,” the state said in its highly successful case, leading the next term of the court.
The series of disputes in Mississippi constituted the most direct and aggressive attack on abortion rights by the High Court in many years. The Republican Attorney General Lynn Fitch, who led the case, categorically stated that now is the time for the judge to dismiss the long-standing precedent. Because Roe and Casey reaffirmed the decision of women to obtain the right to abortion in 1992, this is “egregiously wrong.”
“Roe and Casey are unprincipled decisions that have damaged the democratic process, poisoned our national discourse, plagued the law — and, in doing so, harmed this Court,” the brief says.
Mississippi argues that the states have compelling interests in protecting the lives of unborn babies, and it claims that they have ignored these interests because of decades of flawed legal analysis by the majority of the courts.
“Scientific advances show that an unborn child has taken on the human form and features months before viability. States should be able to act on those developments. But Roe and Casey shackle States to a view of the facts that is decades out of date.”
Advocates for abortion rights responded quickly on Thursday, calling the Mississippi legal case “stunning” and “extreme.”
“Their goal is for the Supreme Court to take away our right to control our own bodies and our own futures — not just in Mississippi, but everywhere,” said Nancy Northup, president, and CEO of the Center for Reproductive Rights flouted the law in a statement.
“Let’s be clear; any ruling in favor of Mississippi, in this case, overturns the core holding of Roe — the right to make a decision about whether to continue a pregnancy before viability,” she continued. “The Court has held that the Constitution guarantees this right. If Roe falls, half the states in the country are poised to ban abortion entirely. “
The Supreme Court has not yet scheduled an oral debate on the case within the deadline beginning in October. A decision is expected in June 2022.
More on the Roe v Wade case
In January 1973, the Supreme Court ruled in a 7-2 ruling that the due process clause of the Fourteenth Amendment to the U.S. Constitution provided a “right to privacy” to protect pregnant women from choosing whether to have an abortion. But it also ruled that this right is not absolute and must be balanced with the government’s interests in protecting women’s health and prenatal life. The court resolved this balancing test by linking state abortion supervision to the three trimesters of pregnancy: in the first trimester, the government cannot prohibit abortion at all; in the second quarter, the government may require reasonable health regulations; in pregnancy In the later stage, as long as the law contains exceptions necessary to save the mother’s life or health, abortion can be completely prohibited. The court classifies the right to choose abortion as a “fundamental right”, which requires the court to evaluate the controversial abortion law under the “strict scrutiny” standard, which is the highest level of judicial review in the United States.