law that bans abortion at 15 weeks of pregnancy. Until now in the case, lower federal courts, even the conservative ones that cover Mississippi, have struck the law down as unconstitutional. They’ve had no choice — the law clearly violates Supreme Court abortion precedent that requires states to allow abortion through viability, roughly 23 or 24 weeks of pregnancy. The Mississippi law, banning abortion roughly two months earlier, is flatly inconsistent with this precedent.
Which is why Mississippi, in filing its brief on July 22nd, really had no choice but to ask the court to overturn“egregiously wrong.” It wrote further: “The Constitution does not protect a right to abortion. The Constitution’s text says nothing about abortion. Nothing in the Constitution’s structure implies a right to abortion or prohibits states from restricting it.”
What makes this brief so significant is that the court rarely revisits precedent without explicitly being asked to do so by the parties in the case. Technically, the court could overturn old cases whenever it wants. There’s no rule stopping it from reconsidering what it has decided in the past just because the main parties in the case didn’t ask it to do so. However, history shows that it doesn’t like to do this without a direct request.
Mississippi made this request for two reasons. First, there’s almost no way for it to win the case without attackingand the cases that have flowed from it. A ban at 15 weeks is so inconsistent with the viability measure that Mississippi had no other choice.that made it harder for clinics to provide abortions. That decision was 5-4, with the chief justice joining the court’s four liberals to declare the law unconstitutional.
and making it the most conservative group of justices in a century. Mississippi is banking on at least five of those conservatives agreeing with its position thatto be overturned doesn’t mean it will be. The last remaining abortion clinic in Mississippi will file its response and fight this tooth and nail. But more important, enough justices may be hesitant to throw out the half-century-old precedent.
The right to end life should NOT be fundamental.
When I was a child I imagined 2020 would be flying cars world peace and yet half of America want us to go backwards from the 1960s
Banning abortion is an unwinnable culture war that conservatives are determined to try and win anyway. It’s prohibition 2.0.
Sons of bitches, nobody wants to get an abortion but if they need to be done then they should have the option to have it done. I fucking hate it here
If the Conservatives unite on this then this will go down as the worst US Supreme Court decision since Dredd Scott. Utterly scummy.
First screen shot, it was 4-1-4. Roberts wasn't exactly siding with the left, he left the door open for Roe to be hit. Second screen shot, Kavanaugh has repeatedly thrown precedent out the window this past term as Sotomayor and Kagan showed us.
Que bien!!! Felicitaciones a la corte suprema!!!
The Supreme Court HAS to change for the 21st Century…
If you think this is the 'first time in decades, the fundamental right to abortion is squarely being attacked in the Supreme Court', then you haven't been paying much attention to the fetus fetishists pulling this shit for years now.
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