On Thursday, Mississippi interrogated the Supreme Court to terminate Federal abortion rights. The argument was based on the briefing of Roe v. Wade and parallel precedents allowing women to abort in some circumstances disregard the States 10th Amendment Powers to determine public policy within their borders.
In May, the Supreme Court had agreed to hear Mississippi’s 2019 appeals court decision, a state law that strictly prohibits abortion, post-15th pregnancy week. This case is regarded as the trendsetter for abortion rights., challenging all precedents who set reasonability on the fetus’s ability to survive outside the womb, considering it as the baseline, giving Government the power to restrict the procedure. Next, Dobbs v. Jackson Women’s Health Organization Case is to be argued immediately after the begins its new term in October.
Mississippi further argued on the Gestational Age Act meeting the existing precedent, they suggest Roe be overruled, once the court finds no other way to justify the state law.
However, the brief filed on Thursday has reframed the arguments, they directly aimed the Planned Parenthood v. Casey, the 1973 Rope decision with 1992 follow up, where Roe’s scope was narrowed down. The current precedent puts an additional burden for seeking an abortion is constitutional.
Bottom Line: Supreme Court has agreed to hear the Mississippi abortion case that directly challenges Roe v. Wade. State briefs abortion decision as State’s rights to Constitutional provisions.