The Supreme Court will hear arguments in December concerning the question of whether abortion is a constitutional right. They will actually have to determine two things. The first is if abortion is a constitutional right and also whether abortion violates the constitution.
If abortion is unconstitutional, it would ban all abortions across every state. That is if the court feels that abortion violates the right to life and pursuit of happiness.
However, if they rule that abortion is not a constitutional right, but that it is not unconstitutional, every state could write its own laws on abortion.
The original decision on Roe V Wade is not really based on the constitution, but actually uses “shadows” and “clouds” to justify the legalization of abortion. They also threw in a dose of the right to privacy, which is not relevant either, otherwise, a conspiracy would not be a crime either.
The hearing relates to a law enacted by Mississippi in 2018 barring abortions after 15 weeks except in the case of a medical emergency. The case is Dobbs v. Jackson Women’s Health Organization.
The case will determine if states can place reasonable restrictions on abortions. It is a bit ironic that Democrats say no because that is the argument they use on the ownership of guns.
The Second Amendment is actually in the Bill of Rights and not made up of shadows and clouds like Roe V Wade was.
The justices agreed to hear the case in May but a date for that hearing was just announced on Monday to be held on December 1st. U.S. District Judge Carlton Reeves, an Obama appointee, struck down the law, finding that the law was unconstitutional. It comes down to when a pregnancy is considered viable.
In a brief to the court over the summer, Mississippi Attorney General Lynn Fitch, a Republican, said the court should overturn Roe v. Wade.
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“The conclusion that abortion is a constitutional right has no basis in text, structure, history, or tradition,” Fitch wrote.
Hillary Schneller, senior staff attorney for the Center for Reproductive Rights, which is representing the Jackson Women’s Health Organization, the last abortion clinic in Mississippi, has said the legislation in question “defies decades of Supreme Court precedent.”
Roe v. Wade made abortion lawful throughout the United States. The Supreme Court, in ruling on the 1992 case Parenthood v. Casey, said states can’t impose significant restrictions on abortion before a fetus becomes viable for life outside of the womb, though the justices didn’t specify when viability occurs.