The dispute over an abortion law in Mississippi challenges a nearly fifty-year-old fundamental judgment on the right to abortion in the United States. Conservative Supreme Court justices indicated on Wednesday that they were open to arguments from anti-abortionists. The lawsuit could result in Conservative states strictly restricting or prohibiting abortion. This danger is greater than seldom before: Under the former US President Donald Trump, the Supreme Court has moved significantly to the right.
According to a landmark ruling from 1973, abortions are allowed in the USA until the fetus is viable – today until about the 24th week of pregnancy. The decision, known as Roe v. Wade is known as a milestone. In the case of Planned Parenthood v. Casey, the court ruled in 1992 that states should not inappropriately make women ‘s ability to benefit from an abortion difficult. Proponents of the right to abortion fear that the Supreme Court could overturn these decisions.
The current dispute is about a Mississippi law that bans almost all abortions after the 15th week of pregnancy. Lower instances had previously ruled that the law did not interfere with Roe v. Wade is compatible. The conservatively governed state then called the US Supreme Court to review the case.
The fact that the court is even dealing with the case is seen by observers as a sign that Roe v. Wade could tip over. At the hearing, some of the conservative judges indicated that they could agree with the Mississippi arguments. The Supreme Court has nine judges, of whom, after several new appointments under Trump, only three are considered liberal. You should try to defend the previous jurisprudence. But if the other judges unanimously take a different view, they would be in the majority.
The decision of the Supreme Court is expected in the coming year
Liberal judge Stephen Breyer stressed on Wednesday that it could call into question the legitimacy of the court if fundamental judgments were overturned in the circumstances. “Women who are unable to travel hundreds of miles to get access to a legal abortion will be forced to continue their pregnancy and give birth, which will have profound effects on their bodies, health and lives US Attorney General Elizabeth Prelogar argued at the hearing. The conservative judge Samuel Alito, on the other hand, questioned the viability of the fetus as a guideline. A fetus has an interest in life – that does not change with viability.
Hundreds of demonstrators gathered in front of the court during the hearing. Abortion opponents in particular mobilized strongly. “I wish there were no more abortions. But I know there is still a long way to go,” said Sarah Soltus, a student at a Christian college in Pennsylvania. “Women should be trusted to make their own decisions about their bodies,” said abortion advocate Laney McNolty.
US President Joe Biden also said on Wednesday: “I support Roe v. Wade. I think this is a sensible position and I will continue to take it.”
A decision by the Supreme Court in the case is not expected until next year. In the most drastic case, the court could completely overturn past decisions, leaving it up to the states alone to regulate their abortion law. Some states have already prepared laws that could come into effect immediately. Above all, it is the ultra-conservative states in the South and Midwest who want to ban abortion entirely or almost completely. In the long term, this could also open the door to law restricting abortions across the country. To do this, the Republicans would have to have a corresponding majority in Washington.
With its decisions on particularly controversial issues such as abortion, immigration or same-sex marriages, the Supreme Court repeatedly sets the course for US society.
Only one abortion clinic is currently open in Mississippi – the Pink House in the capital Jackson. There are regular massive protests in front of the clinic – women are harassed and protected by volunteers. Just a few weeks ago, the Supreme Court was dealing with an abortion law case in Texas. However, the hearing only dealt indirectly with the question of the right to abortion – rather technical issues were in the foreground.