José Luis Magana / AP
The battle is now on in the United States Supreme Court. This week, the state of Mississippi formally asked the High Court to overturn its landmark 1973 abortion decision, Roe v. Wade, urging abortion rights advocates to say, in effect, “I told you.”
In May, judges agreed to consider whether state laws prohibiting pre-viability abortions are unconstitutional. The test case was brought by Mississippi, which has state law prohibiting abortions after 15 weeks of pregnancy. Like the laws of a dozen other states, this one has been struck down by the lower courts because it conflicts with the Supreme Court ruling in Roe v. Wade and subsequent high court decisions over the years.
Mississippi, in its initial appeal to the Supreme Court last year, argued its law was consistent with existing precedent and said the court should only overturn Roe if it found there was no other means of enforcing state law.
But this week, the state reframed its argument, abandoning its earlier and narrower attack, to directly target Roe and his claim that women have a constitutional right to terminate a pregnancy before the fetus can survive outside of her. uterus.
Roe and his subsequent rulings are “grossly in error,” the state said. “The conclusion that abortion is a constitutional right has no basis in text, structure, history or tradition.”
Abortion rights advocates quickly took to the state’s case, noting that Mississippi has so far described its appeal as much more limited.
“Mississippi said the quiet part out loud. The purpose of its blatant abortion ban is to have the Supreme Court overturn 50 years of precedent and allow states to ban abortions,” Alexis said. McGill Johnson, President of the Planned Parenthood Action Fund.