Supreme Court Will Hear Abortion Case That Could Finally Overturn Roe v. Wade

National   |   Micaiah Bilger   |   Sep 20, 2021   |   2:52PM   |   Washington, DC

The U.S. Supreme Court just set a date for a major abortion case that could overturn Roe v. Wade and allow states to protect unborn babies from abortion again.

The hearing on Dobbs v. Jackson Women’s Health is scheduled for Dec. 1 at the Supreme Court, The Hill reports.

Mississippi Attorney General Lynn Fitch said she is looking forward to the opportunity to convince the court that there is no constitutional right to abortion and Roe v. Wade should be overturned.

“The court has acknowledged that states have the authority to promote legitimate interests, including protecting women’s health and defending life; but its abortion precedents have denied the people and their elected leaders the ability to do so,” Fitch said in a statement. “… while science, medicine, technology and culture have all rapidly progressed since 1973, duly elected laws on abortion are unable to keep up.”

In Roe and later Planned Parenthood v. Casey, the Supreme Court prohibited states from banning abortions before an unborn baby is viable. As a result, the U.S. is one of only seven countries in the world that allows elective abortions after 20 weeks of pregnancy.

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In legal filings, Fitch urged the high court to end this erroneous precedent allow states to protect unborn babies from abortion again.

The case centers around a 2018 Mississippi law that prohibits abortions after 15 weeks of pregnancy and the question of “whether all pre-viability prohibitions on elective abortion are unconstitutional.”

The lone Mississippi abortion facility, Jackson Women’s Health Organization, and the Center for Reproductive Rights are suing to block the law.

On Monday, the high court announced that the Dec. 1 hearing will be held in-person. The session will be closed to the public, but a live audio feed will be available for anyone who wants to listen.

The Supreme Court typically releases its rulings on major cases in late June.

Pro-life leaders celebrated the opportunity to restore protections to unborn babies after nearly 50 years of legalized abortion on demand.

“Science reveals the undeniable humanity of the unborn child. By 15 weeks, an unborn baby’s heart has beat nearly 16 million times. She already shows a preference for her right or left hand, responds to taste, and can feel pain. They and their mothers deserve protection in the law,” Susan B. Anthony List president Marjorie Dannenfelser said.

She pointed to polls that show just how extreme Roe v. Wade is compared to most Americans’ views on abortion. A new AP-NORC Center for Public Affairs Research poll found that 65 percent of Americans think most or all abortions should be illegal in the second-trimester and 80 percent think most or all should be illegal in the third trimester.

“We’re proud to stand with Attorney General Lynn Fitch, Solicitor General Scott Stewart, and the people of Mississippi as they champion life at the Supreme Court. It is time to follow the science and modernize our laws,” Dannenfelser said.

Pro-life advocates have strong hopes that the Supreme Court will scale back or overturn Roe when they hear the case, many pointing to the conservative majority’s recent decision not to block a Texas pro-life law as a promising sign.

As The Hill noted:

Experts who spoke to The Hill after the court’s Texas ruling said they expect the justices to uphold the Mississippi restrictions and reverse key elements of Roe and related rulings in the upcoming term, though there was little consensus over just how far the Supreme Court might go in paring back the federal protections.

Meanwhile, thousands of people, including hundreds of pro-life lawmakersivy league professors, state attorneys generalgovernorsformer Vice President Mike Pencereligious and civil rights leadershundreds of women leaders and more, have filed amicus briefs to the Supreme Court in support of Mississippi and its efforts to save unborn babies from abortion.

Since the Supreme Court ruled on Roe in 1973, almost 63 million unborn babies and hundreds, perhaps thousands, of mothers have been killed in legal abortions.