The right to an abortion in the United States appeared to be at risk on Wednesday, as a divided Supreme Court heard arguments on the fate of Roe v. Wade, the 1973 decision that legalized abortion in the country.
The case, Dobbs v. Jackson Women's Health Organization, involved Mississippi legislation prohibiting abortion beyond 15 weeks of pregnancy. Until recently, all Supreme Court decisions on abortion indicated that Roe v. Wade's core foundation - that during the first two trimesters of pregnancy, when a baby is unable to live outside the womb, which happens between 22 and 24 weeks, women have a constitutional right to an abortion. Mississippi, on the other hand, sought the Supreme Court to overturn all of its previous abortion judgments and restore the abortion debate to the states.
The three new members of the Supreme Court, Neil Gorsuch, Brett Kavanaugh, and Amy Connie Barrett, seem to indicate they are ready. to agree with Mississippi — but it wasn't obvious whether all three would overturn Roe, as the state of Mississippi had requested.
"They argue that the Constitution deprives us of authority, that we should delegate authority to the states, and that we should maintain strict impartiality." Mississippi's case was summarised by Justice Kavanaugh.
Conservative Chief Justice John Roberts focused on the issue of fetal viability.
"What makes you think 15 weeks is a poor line to use? I don't think viability has anything to do with choice, but if it does, why is 15 weeks not enough time? "Julie Rikelman, who represented the abortion facility in the litigation, was the one who approached him with the question.
"If the court were to substantially stretch the line backward, 15 weeks would be 9 weeks." before viability, your honor, it may need to revisit the rules concerning regulations," Rikelman answered.
According to the court's liberals, overturning Roe would make the court appear political.
"Will this institution be able to withstand the stench of public perception that the constitution and its reading are nothing more than political acts?" Mississippi Attorney General Scott Stewart was questioned by Judge Sonia Sotomayor.
By the summer, a ruling on the lawsuit is expected.