The United States Supreme Court should overturn its landmark 1973 Roe v Wade ruling that legalized abortion nationwide, rather than allowing states to decide whether to regulate abortion before a fetus can survive outside the womb, argued the state of Mississippi in court documents filed Thursday.
The presentation came as a reproductive rights advocate warned that she believed that half of the US states would ban abortion entirely if Roe versus Wade was overturned, as anti-abortion extremists gain ground and state legislatures dominate by Republicans they continue their work of recent years to strip a choice of women.
According to the Constitution, can a State prohibit elective abortions before viability? Yes. Why? Because nothing in the constitutional text, structure, history or tradition supports abortion rights, ”wrote Mississippi Attorney General Lynn Fitch and four of her attorneys. in the brief.
The arguments are in direct challenge to the central finding of the 1973 Roe versus Wade court decision and its 1992 decision in an abortion case in Pennsylvania.
Both rulings said states cannot place an undue burden on abortion rather than viability. Mississippi attorneys argue that the rulings are “egregiously wrong.”
The Mississippi case is the first major test of abortion rights in a reformed supreme court with three conservative justices nominated by former President Donald Trump.
A conservative 6-3 majority on the nine-member bench, with all three nominated by Trump, said in May that the court would consider arguments over a Mississippi law that would ban abortion at 15 weeks. The justices are likely to hear the case this fall and could rule in the spring.
The Supreme Court, at the end of its first term with a 6-3 conservative majority, in June decided to uphold the Obama administration’s Affordable Care Act, in a significant ruling. The next period, which begins in October, crucial abortion rights and gun rights cases will be before the court.
Nancy Northup is president and CEO of the Center for Reproductive Rights, a New York-based national reproductive rights group that advocates for the only abortion clinic left in Mississippi in defiance of the 15-week ban.
He said Thursday that half the states are about to ban abortion entirely if Roe v Wade is repealed.
“Today’s report reveals the extreme and regressive strategy, not just of this law, but of the avalanche of abortion bans and restrictions that are being passed across the country,” Northup said in a statement.
“His goal is for the supreme court to take away from us the right to control our own bodies and our own future, not just in Mississippi, but everywhere.”
Republican lawmakers in several states have been pushing laws designed to challenge Roe v Wade, including a ban on abortion once the first sign of a fetal pulse is detected, which can be as early as six weeks, before many women become pregnant. realize they are pregnant.
A federal district judge on Tuesday blocked an Arkansas law that would ban most abortions and ruled that the law is “categorically unconstitutional” because it would prohibit the procedure before the fetus is deemed viable.
Mississippi’s 15-week law was enacted in 2018, but was blocked after a challenge in federal court. The only abortion clinic in the state, Jackson Women’s Health Organization, remains open and offers abortions up to 16 weeks of pregnancy.
More than 90% of abortions in the US take place in the first 13 weeks of pregnancy, according to federal data.
The Mississippi clinic has presented evidence that viability is impossible at 15 weeks, and an appeals court said the state “recognized that it had not identified medical evidence that a fetus would be viable at 15 weeks.”
George is Digismak’s reported cum editor with 13 years of experience in Journalism