President Joe Biden’s administration urged the Supreme Court not to overturn the landmark 1973 Roe v. Wade ruling that legalized abortion nationwide in an upcoming case involving a restrictive Mississippi law.
The brief supports Jackson Women’s Health Organization, Mississippi’s only abortion clinic, in its fight against the state’s attempt to outlaw the practice beyond 15 weeks of pregnancy.
It said Roe v. Wade and a subsequent 1992 decision that affirmed it “recognize that forcing a woman to continue a pregnancy against her will is a profound intrusion on her autonomy, her bodily integrity, and her equal standing in society.”
Abortion opponents requested an overturn of the 1973 ruling by a court that has a conservative majority of 6-3.
The case will be argued on Dec. 1, and a decision is expected to be reached by the end of June.
In papers submitted with the court in July, Mississippi’s lawyers stated that the Roe v. Wade ruling and 1992 decision were both “egregiously erroneous” and should be reversed.
On September 1, the Supreme Court’s pivotal role in the abortion-rights fight was highlighted. In a late-night ruling, the Supreme Court upheld a Texas statute prohibiting abortions beyond six weeks of pregnancy, sparking outrage from abortion rights activists.
On September 9, the Biden administration filed a lawsuit against Texas to stop the bill from becoming law.
Overturning Roe v. Wade has long been a goal of religious conservatives. Planned Parenthood of Southeastern Pennsylvania v. Casey, a 1992 decision by the Supreme Court, confirmed the ruling and banned legislation that imposed an “undue burden” on a woman’s ability to have an abortion.
Roe v. Wade ruled states can’t prohibit abortion until the fetus is viable outside the womb, which doctors normally see for 24 to 28 weeks. In 2018, the Mississippi law would prohibit abortion considerably earlier. Other countries, such as Texas, supported bills that would prohibit it before.
In 2018, a federal judge decided against Mississippi after the clinic was sued to block a 15-week prohibition. The 5th US Circuit Court of Appeals based in New Orleans concluded in 2019 the same thing.
The Supreme Court enacted restrictive abortion legislation in Texas and Louisiana in 2016 and 2020, but the court has been moved further to the right by new judges appointed by former Republican Donald Trump.
