On Tuesday, the Supreme Court faced the most serious challenge to US abortion rights. It appears that the Supreme Court’s conservative majority leans toward restricting or overruling the rights granted women in landmark Roe v. Wade case.
Scott Stewart, the Mississippi Solicitor General, opened the hearing by saying that Roe v. Wade in 1972 and Planned Parenthood.v. Casey in 1992 ‘poisoned the law’ and that Mississippi wants to unambiguously overturn them.
Six conservative-leaning and three liberal-leaning justices will decide the fate of a Mississippi mandate that outlaws abortions 15 weeks into a pregnancy.
It was a strange start to arguments when Justice Clarence Thomas handed down his first question.
Soon after Mississippi’s lawyer began opening arguments, Thomas asked ‘Does it make a difference if we focus on privacy and autonomy versus if we focus on abortion?’
Justice Stephen Breyer stated that the court must have a compelling reason for revisiting a case such as Roe.
Justice Sonia Sotomayor claimed that Mississippi brought the matter not because Roe was illegal, but because of the conservative supermajority of the court.
‘Now, the sponsors of this bill, this house bill in Mississippi, are saying, “We’re doing this because we have new justices on the Supreme Court.” This creates the perception in public that the constitution is just a collection of political acts. Will the institution be able to withstand the bad odor? Sotomayor asked.
‘If people believe it’s all political, how will we survive? Is it possible for the court to survive?
John Roberts, Chief Justice of the Supreme Court, was a liberal justice in Texas’s earlier case. He said that any court opinion that went ‘beyond facts’ is merely personal views that are not binding on subsequent cases.
Sotomayor asked Sotomayor, “Can you finish your line of inquiry?”
Sotomayor continued to discuss the supposed “pain” reactions of a 15-week old fetus and how brain-dead patient sometimes react to stimuli.
Mississippi, she claimed, forced ‘women with poor status’ to take a greater risk for medical complications.
“This view of religion isn’t it? A fetus as life is assumed by you – when is that happening?” How do we get started with that kind of life? Sotomayor asked.
Amy Coney Barrett and Brett Kavanaugh, Conservative Justices, suggested that even a court ruling in Mississippi’s favor it would leave abortion rights up to the state legislatures.
You seem to be arguing that the Constitution is silent on abortion and thus neutral. So, does that mean the Constitution is neither pro-life or pro-choice? Kavanaugh asked.
Kavanaugh wondered whether the court should not be neutral about abortion rights. That would mean overturning Roe. Kavanaugh suggested that Mississippi’s victory in the case would mean that such a ruling wouldn’t prohibit abortion across the country, but it would allow states to regulate abortion as they choose.
Julie Rikelman (the attorney for Jackson Women’s Health Organization, which is the only Mississippi abortion clinic that’s in the centre of this case) said the Casey ruling disregarded ‘every possibility’ to overturn Roe v. Wade.
Roberts inquired if Roberts was referring to freedom of choice or the establishment of a viability timeline. Roberts then asked Roberts if she thought it was about choosing. Roberts replied, “If this is an issue regarding choice, how is fifteen weeks too short?”
Roe v. Wade will be decided by the court’s conservative-leaning six justices and three liberal justices
As a protest, pro-abortion activists were seen taking “abortion pills” outside of the court.
Justice Samuel Alito also took aim at the viability issue, dismissing it as ‘arbitrary’.
“If a woman desires to have a normal pregnancy and not be burdened by the consequences of having to bear children, it doesn’t end when the viability limit is reached.” The fetus has an interest in having a life, and that doesn’t change from the point before viability and after viability,’ Alito said.
Thomas asked Thomas again if the Supreme Court was being asked about privacy or autonomy.
Rikelman told him the issue of ‘liberty’ is at stake: ‘It’s the textual protection in the 14th Amendment that the state can’t deny someone liberty without the due process of law.’
He responded, “So all of these,”
Barrett disagreed also with Rikelman. Barrett said that the weeks-based viability lines are arbitrary when compared to other ways of measuring pregnancy, such as trimesters.
An attorney countered by stating that Roe’s viability line is an objective line and not a reflection of religious or philosophical beliefs.
Next came Solicitor-General Elizabeth Prelogar from the Biden administration, who said that Mississippi’s ruling would send a message that women were not allowed to exercise their rights.
“The Court has not revoked the right so essential to many Americans, and so crucial to their participation in society.” She stated that the Court shouldn’t overrule women’s freedom as a central component.
Prelogar predicted that half the countries would move swiftly to end or restrict abortion.
Kavanaugh again asked about what the pitfalls would be of leaving abortion up to the states, noting that people living on the East Coast and those in the Midwest live under different circumstances.
According to the solicitor general, low-income women living in countries that outlaw abortion may have to decide between traveling to a country that doesn’t allow it or getting an abortion through illegal means. This could mean that her life could be at stake.
Barrett asked Barrett if the question was about terminating a pregnancy or giving up parental rights.
She was unsure why women would want to have an abortion when they can abort their child once it is born.
The ruling will overturn Roe V. Wade (a 1973 landmark case which legalized this practice across the country), if the state prevails.
The Supreme Court was occupied by pro-life and pro-abortion activists in the early hours of the morning. Protesters were able to bring props, such as the small reproduction of a fetus. Others brought empty white pills that they eagerly ate in front cameras and other activists.
The high tension expected to result from today’s trial was evident in the fact that police already had barriers up as people came together.
Alveda King was an aunt of Martin Luther King Jr. Civil rights leader. She was among those who called for the Supreme Court’s intervention to end the abortion epidemic in America.
Mississippi Senator Roger Wicker wrote that his staff gave coffee to Pro-Life protesters during the cold December temperatures.
The pro-choice movement is also represented by some progressive legislators. Rep. Pramila japayal from Washington, who revealed that she was pregnant, addressed the crowd, along with Rep. Barbara Lee in California and Rep. Diana DeGette in Colorado.
Japayal praised the crowd and said, “If you’re here today, it means you’re fighting for justice.”
Mississippi’s Gestational Age Act (or Mississippi Gestational Age Act) was approved in 2018. The law allows abortions after 15 weeks of conception only in cases of’medical emergency’ or’severe foetal abnormality’. The law does not allow for incest or rape.
Jackson Women’s Health Organization (the only state-legal abortion clinic) is at the other end.
A small replica of the fetus was also brought by some protesters.
Two federal courts have already blocked the law, however pro-choice activists are still watching closely after a Texas court provided a glimpse of what it might do in an identical case earlier this year.
According to the pro-choice Guttmacher Institute, 26 states are ‘certain or likely’ to ban abortion if Roe today is repealed in a new report.
Marjorie Dannenfelser (president of Susan B. Anthony List), is among the many people gathered outside the Supreme Court.
A portion of Dannenfelser’s prepared remarks, obtained by DailyMail.com will be read. In pivotal moments like these, men and women who are principled have been able to take the lead in history.
‘The pioneers of the women’s movement clearly understood the violent, oppressive nature of abortion, and they adamantly opposed it.’
Pro-abortion group NARAL Pro-Choice America called today’s case a ‘moment of crisis.’
“The Constitution’s right to choose abortion is under threat. This moment of crisis is the culmination of the anti-choice movement’s decades-long efforts to undermine the will of the overwhelming majority of people in this country who support the legal right to abortion,’ NARAL President Mini Timmaraju said in a statement.
“Make no mistake, the future of reproductive freedom and liberty is at grave risk. Now is the right time to act boldly to preserve it.”
Here’s a breakdown of what’s at stake when oral arguments begin for Dobbs v. Jackson Women’s Health Organization on Thursday:
It all comes down to this:
In 2018, the Mississippi law was passed that directly contradicts Roe V. Wade’s ruling which stated abortion had to be legal previability or within 24 weeks.
Now the question is, are all pre-viability restrictions unconstitutional?
Mississippi asked the court for a direct review of Roe, along with another 1992 landmark case, Planned Parenthood V. Casey, which upheld abortion rights, but permitted some restrictions.
An activist for abortion rights protests in front of the Supreme Court building in Washington ahead of the arguments in Dobbs. v. Jackson Women’s Health in Mississippi, U.S. Dec. 1
Outside the Supreme Court Building today, both pro-choice as well as pro-abortion activists are mixed
The case is being brought forward by who:
The Jackson Women’s Health Organization. As the only state-run abortion clinic, the JWHO is currently suing to challenge the law.
Planned Parenthood in v. Casey was a case where the Supreme Court held that states can place restrictions on abortions as long as the state does not place an “undue burden” on the patient. The state owned eight abortion clinics that year. Seven have been closed since then.
State legislators passed regulations for abortion providers after the ruling. They included the requirement to distribute pamphlets about potential side effects of abortion, and the ban on funding abortions with public money.
Rep. Pramila Japal (D.WA), Chair of the Progressive Cacucus talks during a demonstration at the U.S. Supreme Court
Unknown man snaps a photo with an old crucifix in front of the court.
The outcome of the case marks the end of a decade-long fight between prolife and anti-abortion organizations
Outside the Supreme Court, protestors for life dressed in doctor uniforms pray
If the Mississippi law is not upheld, what might happen?
The court’s conservative 6-3 majority has been strengthened by the addition of Justice Amy Coney Barrett. This gives hope to activists and pro-life legislators that we might see an era where all states can outlaw abortion.
Twelve states have already passed ‘trigger legislations’, which would allow abortion to be illegalized in the state if Roe is overturned. If such power is restored to the states, twenty-six of 26 states would likely quickly ban abortion.
Georgia, Texas, Louisiana, Missouri and Alabama have passed heartbeat laws in Ohio, Georgia, South Carolina, Kentucky, South Carolina and Missouri. However, Texas has not had its legislation implemented by courts.
JWHO stated that one-fourth its patients are from Texas, since Texas’s Sept. 1 law.
Jeanne Shaheen, a New Hampshire Democrat, has already warned about a revolution’ if Roe is overturned by the court.
‘I hope the Supreme Court is listening to the people of the United States because – to go back to Adam Sexton’s question – I think if you want to see a revolution go ahead, outlaw Roe v. Wade and see what the response is of the public, particularly young people,’ Shaheen said during a virtual event Monday featuring New Hampshire’s entire House and Senate delegation. “Because it will not be accepted by young women and young men.
To prevent inflamed tensions from arising during this case, officers of the police erected barricades
Mississippi Governor Tate Reeves (a Republican) said Tuesday night that he is confident the state’s efforts to defeat Roe will succeed
NARAL Pro-Choice America, an anti-abortion group, called today’s case a “momentary of crisis.”
The Women’s Health Protection Act is being proposed by pro-life advocates to make abortion legal.
Jackson Women’s Health Organization. As the only state-run abortion clinic, the JWHO is suing to challenge the law.
When it rules on the fate of Mississippi’s abortion law, The Supreme Court is poised to handle its largest abortion case in thirty years.
Another abortion issue at the court
This hearing follows arguments by the Texas Supreme Court on the new Texas abortion law. It bans the procedure within 6 weeks of detecting a heartbeat. However, it attempts to circumvent judicial restrictions and make private citizens the enforcers. Anyone can sue any private citizen who assisted in an abortion. Compensation is available.
Although legal experts thought that the court could weigh in on this case prior to hearing Mississippi arguments, no such decision was made.
The court seemed to favor blocking the law because of its enforcement measures during arguments.
The Texas Heartbeat Act is a law that makes it illegal to incest or rape. Four out of nine of its members — Chief Justice John Roberts, the liberal justices, and three others — had previously voted against the Texas Heartbeat Act’s enforcement.
Brett Kavanaugh, a conservative justice appointed by Donald Trump and Amy Coney Barrett were both inclined after hearing two hours worth of oral arguments that they would also vote in favor to repeal the Texas law.
Roger Wicker from Mississippi, one of two senators in the state, posted this morning that his team was at court to support pro-life protesters. He also tweeted hot coffee
Roe v. Wade faces high-profile conservative opposition:
Mississippi Republican Senator Roger Wicker is providing free coffee for pro-life activists in cold December weather to help them.
“Beautiful Morning here at The Supreme Court. There are many people there to defend life. If you’re in Washington, my staff are stationed out front with coffee. We are waiting for you! Wicker shared this tweet.
Vice President Mike Pence said Tuesday he believes Roe v. Wade will soon be overturned.
“Today, as the Supreme Court prepares for oral arguments in those hallowed hallways, we’re here to declare, with one voice, ‘no more,” he stated at the National Press Club in Washington, D.C., at an event organized by Susan B. Anthony.
He stated that he was optimistic and believed Roe V. Wade would be upheld, whether now or later.
He asked the court to end Roe V. Wade.
Republican Mississippi Governor Tate Reeves stated late Tuesday that he believed his state’s attempt to squash Roe would prevail. Fox News told him that science has advanced in the years since the first decision.
Here’s what we know at fifteen weeks about a baby. That child’s heart beat is known. It is known that the child pumps many quarts of blood each day. It is known that the baby is building its lungs. That baby is able to squeeze its fingers and hands. Reeves stated that the baby is able to feel pain.
Reeves’ Republican counterpart, Georgia’s Brian Kemp spoke on Wednesday just before the start of arguments.
Georgia is a country that respects the rights of unborn babies. Kemp posted on Twitter that his family joined thousands of other pro-life conservatives in praying for the U.S Supreme Court to hear the Dobbs case.