US News

Conservative Supreme Court justices consider upholding Mississippi abortion law

The Supreme Court’s conservative justices suggested Wednesday they may consider upholding a bid to overturn a Mississippi law banning abortion after 15 weeks.

But it was less clear how the court would handle abortion rights in the US won in the landmark Roe v. Wade ruling that legalized the procedure nationwide nearly 50 years ago.

The justices met Wednesday to consider the case brought by the Magnolia State that seeks to revive a 2018 state law.

Mississippi is arguing that the Supreme Court should uphold its 15-week ban by overturning the historic 1973 Roe v. Wade decision, as well as the 1992 ruling in Planned Parenthood v. Casey, which reaffirmed the Roe ruling.

Under the high court rulings, states can regulate, but not ban, abortion before the point when a fetus can survive outside the womb — roughly 24 weeks.

After nearly two hours of arguments on Wednesday, all six conservative justices signaled they would uphold the Mississippi law and there was support among them for getting rid of Roe and Casey altogether.

Amelia Bonow, left, Erin Jorgensen, center, and Alana Edmondson, right, show and then take abortion pills to make a statement about how safe and available they believe they are. AP
Rep. Marjorie Taylor Green walks in front of the US Supreme Court, in Washington, DC. AFP via Getty Images

Justice Brett Kavanaugh, an appointee of former President Donald Trump, suggested that many states would still “freely allow abortion” even if Roe was overturned because it would let states regulate the procedure themselves.

“If you were to prevail, the states — majority of states or states — still could or and presumably would continue to freely allow abortion,” Kavanaugh said as he questioned Mississippi Solicitor General Scott G. Stewart, who is representing the state.

“Many states, some states would be able to do that even if you prevail, under your view. Is that correct?”

Stewart said that was “consistent” with the state’s view.

Kavanaugh also suggested that the court should leave the issue of abortion to the states and “return to the position of neutrality.”

People gather outside the Supreme Court building, on the day of hearing arguments in the Mississippi abortion rights case Dobbs v. Jackson Women’s Health. REUTERS
Reps. Marjorie Taylor Greene and Mary Miller pose for a picture during a protest outside the Supreme Court building. REUTERS

In his opening arguments, Stewart had said the court’s previous decisions on abortion — in both Roe and Casey — “haunt our country” and “have no home in our history or traditions.”

Meanwhile, the court’s three liberal judges suggested in their questioning that overturning the decades-old decisions would severely damage the court’s legitimacy.

Justice Elena Kagan argued the Supreme Court doesn’t easily overturn past decisions, which prevents people from thinking the court is a “political institution” that changes depending on the majority.

An anti-abortion rights activist holds a baby doll during a protest outside the Supreme Court building in Washington. REUTERS
Anti-abortion activists protest outside the Supreme Court building ahead of arguments in the Mississippi abortion rights case Dobbs v. Jackson Women’s Health on December 1, 2021. REUTERS/Jonathan Ernst

“Will this institution survive the stench that this creates in the public perception that the Constitution and its reading are just political acts?” Justice Sonia Sotomayor asked at one point.

She later added: “If people actually believe that it’s all political how will we survive? How will the court survive?”

Chief Justice John Roberts, a conservative, appeared to be more interested in a less sweeping rule that wouldn’t explicitly overrule Roe and Casey.

A pro-abortion rights activist protests outside the Supreme Court building ahead of arguments in the Mississippi abortion rights case on December 1, 2021. REUTERS/Jonathan Ernst
Demonstrators gather as the Supreme Court hears arguments in Dobbs v. Jackson Women’s Health Organization, challenging a Mississippi abortion law that would ban elective abortions after 15 weeks. Jack Gruber-USA TODAY/Sipa USA

“That may be what they’re asking for, but the thing at issue before us today is 15 weeks,” Roberts said as he referenced Mississippi’s call to overturn the broader cases.

Roberts was also among the conservative justices who questioned the viability line during the arguments.

“Why is 15 weeks not enough time?” Roberts asked at one point.

The Supreme Court currently has a 6-3 conservative majority after former President Trump appointed three justices. Trump had vowed during his presidency to appoint justices he said would oppose abortion rights.

While it is possible the justices will uphold the Mississippi law and say nothing more, abortion rights supporters argue it would still effectively overturn Roe.

Anti-abortion protesters wear shirts that read “I am the Pro-Life Generation” as they demonstrate in front of the Supreme Court. AP
Mississippi is also asking the court to overturn a 1992 ruling in Planned Parenthood v. Casey, which reaffirmed the landmark Roe ruling. REUTERS/Jonathan Ernst

Hundreds of pro-choice and anti-abortion activists held dueling rallies outside the court as the arguments were underway.

Capitol Police arrested 33 protesters for blocking traffic on Constitution Ave outside the court.

At one point, women from the Shout Your Abortion organization were filmed swallowing what they claimed were abortion pills as they chanted, “Abortion pills forever.”

People demonstrate in front of the US Supreme Court. AP

On the opposite side, other demonstrators held signs reading, “God Hates the Shedding of Innocent Blood.”

Asked about the Supreme Court arguments on Wednesday, President Joe Biden reaffirmed his support for Roe.

“First of all, I haven’t — I didn’t see any of the debate today, the presentation today. I support Roe v. Wade, I think it’s the rational position to take, and I continue to support it,” he said.

Supreme Court police officers erect a barrier between anti-abortion and pro-abortion rights protesters outside the court building. REUTERS/Jonathan Ernst

The Mississippi case comes a month after the justices heard arguments in a separate case related to a Texas law that bans abortions after about six weeks of pregnancy.

The court has yet to rule on the Texas law.

With Post wires