Roe v. Wade is at Risk to Be Struck Down in Supreme Court Case

Written by Kyle Becker

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The Supreme Court will take up an abortion case that will put Roe v. Wade and abortion-related legal precedents in jeopardy of being struck down.

The case heading to the highest court in the land is related to Mississippi’s new abortion law.

“The Supreme Court agrees to take up a major abortion case that will give the court an opportunity to reconsider Roe v. Wade and Planned Parenthood v. Casey. The case involves the constitutionality of Mississippi’s ban on most abortions after 15 weeks of pregnancy,” SCOTUS Blog tweeted.

“Here is the orders list with a snapshot of the grant. Question 1 is “Whether all pre-viability prohibitions on elective abortions are unconstitutional,” SCOTUS Blog continued.

The case that the Supreme Court has docketed to decide is Dobbs v. Jackson Women’s Health Organization. Legal analysis provided by Amy Howe explains that the constitution of the court has changed since Amy Coney Barrett was confirmed as Supreme Court Justice, thereby making abortion cases more susceptible of being ruled in a pro-life fashion.

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“The Supreme Court on Monday set the stage for a major ruling next year on abortion – one that could upend the Supreme Court’s landmark decisions in Roe v. Wade and Planned Parenthood v. Casey, in which the court ruled that the Constitution protects the right to have an abortion before a fetus becomes viable,” Howe writes. “The court granted review in Dobbs v. Jackson Women’s Health Organization, a challenge to the constitutionality of a Mississippi law that (with limited exceptions) bars abortions after the 15th week of pregnancy.”

“The decision to review the Mississippi law comes nearly  a year after the court struck down a Louisiana law that required doctors who perform abortions to have the right to admit patients at a nearby hospital,” Howe points out. “In that case, five justices, including Chief Justice John Roberts, relied on Casey in ruling that the Louisiana law imposed an undue burden on the right to obtain a pre-viability abortion. But the make-up of the Supreme Court has changed since the ruling in the Louisiana case last June: One of the justices in the majority, Justice Ruth Bader Ginsburg, a staunch supporter of abortion rights, died in September and was replaced by Justice Amy Coney Barrett, whose personal opposition to abortion drew criticism from Democrats at her confirmation hearing.”

“It will be a blockbuster case, with the justices revisiting an issue that still deeply divides the country some 50 years after the landmark opinion, and with a ruling potentially coming in the middle of the 2022 midterm elections,” CNN continued.

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Roe v. Wade was a landmark case decided in 1973 that effectively legalized abortion in all 50 states. The case was not simply controversial because it dealt with abortion issues, but because critics argue it invented rights and federal powers that do not exist in the U.S. Constitution.

This is breaking news. It will be updated as more information is forthcoming.