Supreme Court Agrees To Hear Major Abortion Challenge

Over the strong opposition of pro-choice groups, the Supreme Court just granted cert in Dobbs vs. Jackson Women’s Health Organization, 19-1392.  The case could prove a turning point for the Court on reproductive rights. The Mississippi law at issue banned abortions after 15 weeks — seven weeks earlier than past laws passing constitutional muster.  State legislators have been passing laws like live torpedos on the water and this one just hit with a 6-3 conservative court.

The decision comes a year after pro-choice groups were able to secure a plurality decision in June Medical Services v. Russo (2020). That victory was attained only because Ruth Bader Ginsburg was still on the Court and Chief Justice John Roberts wrote a concurrence in the result.  However, the Roberts concurrence was also concerning for pro-choice advocates. He only voted with his liberal colleagues because he felt bound by stare decisis to follow the 2016 decision in Whole Woman’s Health v. Hellerstedt that addressed a virtually identical law.  He felt that the record did not allow him the flexibility found by his four conservative colleagues in voting in favor of the state law.

The concern for pro-choice groups is that Roberts noted in this concurrence that “no one asked the Court to reassess the Constitutional validity of the undue burden standard.”  This case could afford such a review.  The law was blocked by the United States Court of Appeals for the Fifth Circuit.

Obviously, all eyes will be on Justice Amy Coney Barrett who, as an academic, wrote extensively on what she saw as flaws in the Roe progeny.  As I wrote at the time, Barrett was the ultimate deliverable for the pro-life movement by former President Donald Trump. In her confirmation, Judge Barrett had an interesting exchange with Sen. Amy Klobuchar, D-Minn. in which she identified Brown v. Board of Education as such super precedent. However, when pushed on Roe, she noted  “I’m answering a lot of questions about Roe which I think indicates that Roe doesn’t fall into that category.” That led to an audible gulp from pro-choice groups.

What is also notable is that this case will be heard in October and could be decided by June 2022. Any major change in the abortion standards would then occur before the 2022 election for the control of Congress. It could also rekindle demands on the left to pack the Supreme Court.


126 thoughts on “Supreme Court Agrees To Hear Major Abortion Challenge”

  1. I admit I don’t pay close attention but when has the Court voted 6-3 on anything since the latest Justice was seated? There is no 6-3 majority with Roberts as Chief.

  2. Overturning Row would be bad politics, but there’s absolutely no way to claim that the Roe opinion is not a legal atrocity, The Court’s opinion actually pointed out how supremely arrogant the Court would have to be to decide the question, and then the Court went ahead and did it anyway.

  3. theres an average of about 1 million abortions in america every year going back to 1973 – about 2700 a day

    theres an average of 32 thousand people killed by guns in america by violence and suicide – about 87 a day

    that means it takes only TWELVE DAYS for abortion to take as many lives as guns do IN AN ENTIRE YEAR

    let that sink in…

  4. lets imagine for a moment shall we:

    the us military invades a foreign country

    and does to the women and babies there

    what planned parenthood has done to women and babies here:

    1 killing babies
    2 slicing them up to be sold off to the highest bidder for medical research
    3 and what remains buried in landfills or burned for energy in power plants

    what would it be called

    it would be called war crimes

    it would be called crimes against humanity

    there would be tribunals

    there would be hangings

    people would say things like “never again”

    here its called “a womans right to choose” and “womens health care”

    referring to abortion in america in this fashion would be as ludicrous and asinine and offensive to the victims as saying

    “timothy mcveigh was well known as a provider of building demolition services in the greater oklahoma city metro area”

    our country as it exists now will not survive this

    the coming break up of america will be our judgment

    and the states that emerge from the carnage and ban this sadistic and barbaric practice going forward will be the ones who prosper the most

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