U.S. Supreme Court

In challenge to Roe v. Wade, Supreme Court will consider ban on abortions before viability

  • Print

abortion and gavel

Image from Shutterstock.

The U.S. Supreme Court on Monday agreed to consider the constitutionality of Mississippi’s ban on most abortions after 15 weeks of pregnancy. The high court agreed to consider one question in Dobbs v. Jackson Women’s Health Organization: whether all previability prohibitions on elective abortions are unconstitutional.

SCOTUSblog noted the cert grant.

According to Politico, the case is a direct challenge to Roe v. Wade, the case that prohibits states from banning abortions before a fetus is viable. Most medical experts think a fetus is viable at around 24 weeks of pregnancy, according to Politico.

Mississippi’s abortion ban after 15 weeks does not apply in the case of a medical emergency or a severe fetal abnormality. The state attorney general had urged the Supreme Court to accept the case to eliminate the viability standard for evaluating abortions.

Among the justices who have opposed Roe v. Wade is Justice Clarence Thomas, who argued that the decision is “grievously wrong.” According to Politico, Justice Amy Coney Barrett, the court’s newest justice, “is expected to provide a reliable vote for abortion restrictions.” Several justices have also questioned the balancing test used to evaluate abortion restrictions.

The Supreme court considered the case in 13 consecutive conferences before granting cert Monday, SCOTUSblog reports.

Its case page with the cert petition and other documents is here.

Give us feedback, share a story tip or update, or report an error.