Supreme Court to consider Mississippi Challenge to Roe V. Wade
WASHINGTON, DC- Mississippi Republican Attorney General Lynn Fitch, presented the case to the court to be considered, arguing that with increased technological development, a fetus as young as 15 weeks could be considered legally viable, and would no longer fall under the legal definition defined by Roe V. Casey in 1992.
DSU Professor Emeritus of Political Science and History Samuel Hoff told 47ABC the challenge is the latest in a long string of abortion restricting laws passed by Republican-controlled statehouses and signed into law by Republican governors.
He says the difference with this argument, is that the Supreme Court accepted the challenge, and currently has a 6-3 conservative super-majority, adding momentum for pro-life legislation being introduced across the country.
“it’s a go for a broke moment that they are looking at a super majority in the court that may or may not continue based on the next retirement or death of a justice,” Hoff said.
He believes that with a 6-3 conservative super-majority on the court, even if Chief Justice Roberts votes with the liberal justices, it would still be overturned in a 5-4 decision thanks to Amy Comey Barret, an outcome sees as likely.
“I think they are actually going to accept the Mississippi 15 week limit as opposed to the current viability definition of 18-20 weeks,” he said.
It would be the first case considering abortion in nearly 21 years and have the potential to upend precedent for medical privacy laws in all 50 states.
“We really haven’t had one of those legacy-type decisions by the court since 2000 and I think that’s why folks are really looking with concern that there may be a decision coming up,” Hoff said.
An overturning of Roe. V Wade would leave the final decision to the states but by lowering the federal protections over 22 states would have new restrictions for women.
Planned Parenthood released a statement Tuesday, calling the Biden administration to appoint new judges who would make the final decisions for abortion laws if Roe V. Wade were to be overturned.
It reads in part – “Former President Trump’s unprecedented appointment of more than 230 new judges has encouraged many state lawmakers to move legislation that has been intentionally designed to encourage the remade federal courts to undermine and overturn Roe v. Wade. But President Biden and the Senate have an opportunity to fill court vacancies with diverse champions of reproductive health and rights.”