WASHINGTON — The Supreme Court is weighing potentially sweeping changes to the right to an abortion, after two hours of arguments Wednesday morning on a Mississippi law that bans most abortions after 15 weeks of pregnancy.
The court’s conservatives, who hold a 6-3 majority, appeared through their questions to be sympathetic to Mississippi’s arguments that its law should be upheld — and they also seemed open to the possibility of undoing other precedent-setting abortion cases.
Supporters of the Mississippi law argued not only that it should be upheld, but that two key cases that have determined when a woman has the right to seek an abortion also should be overturned: the 1973 Roe v. Wade decision as well as the 1992 Planned Parenthood v. Casey ruling.
That would allow states to decide if they want to allow the medical procedure within their borders, the lawyers contended.
“When an issue affects everyone, and when the Constitution does not take sides on it, it belongs to the people,” said Mississippi Solicitor General Scott Stewart, arguing that the precedents set in prior landmark abortion cases “have failed.”
Attorneys arguing on behalf of Mississippi’s only abortion clinic and of the federal government told the justices that the right to an abortion was correctly established in the Roe v. Wade decision and then reaffirmed in the Planned Parenthood v. Casey ruling.
Undoing that right would have devastating consequences for people seeking abortions throughout the country, they said.
If they wholesale overturn Roe, it could be the case that Georgia would be able to outright ban abortions which the existing laws on the books don’t do
– Anthony Michael Kreis, a law professor at Georgia State University
Some may be forced to travel out of state to seek care. If they lack the money and time off from work to do so, they may have no option beyond carrying a child to term, even if it is not in their best interest or that of their family, the lawyers said.
“There is no less need now than there was 30 years or 50 years ago for women to be able to make this fundamental choice for themselves about their bodies, lives and health,” said Julie Rickelman, senior director of litigation at the Center for Reproductive Rights.
“Why is 15 weeks not enough time?” Chief Justice John Roberts asked Rickelman.
She noted that the Mississippi law would ban most abortions nine weeks earlier than the current legal standard, giving patients less time to navigate an array of regulatory barriers that some states have enacted to make it harder to seek an abortion.
The Roe decision established a legal right to an abortion during the first two trimesters of pregnancy, or 26 weeks. In the Casey decision, the court ruled that people can obtain an abortion until viability, or the point when a fetus can survive outside the womb — generally about 24 weeks.
The case argued Wednesday is Dobbs v. Jackson Women’s Health.
Ramifications for dozens of states
Wednesday’s hearing came after the top court already has been grappling with abortion rights.
Since announcing in May that the justices would take up the Mississippi case, the court has heard arguments over a Texas law designed to skirt the court’s past decisions and ban abortions about six weeks after a woman’s last menstrual cycle.
The pair of legal battles has thrust the contentious social issue back into the national spotlight, and thousands of activists in both support of and opposition to abortion rights flooded the sidewalks around the court on Wednesday to chant and wave signs.