14 votes

Supreme Court will hear arguments in Mississippi abortion case challenging Roe v. Wade on Dec. 1

3 comments

  1. nukeman
    Link
    Pedantic rant: Mississippi is not trying to overturn Roe. Roe was effectively superseded by Casey in 1992, which maintained the central holding of Roe (abortion access is a constitutional right),...

    Pedantic rant: Mississippi is not trying to overturn Roe. Roe was effectively superseded by Casey in 1992, which maintained the central holding of Roe (abortion access is a constitutional right), but replaced the strict trimester framework with a viability framework (currently around 22-24 weeks, which is its own issue: advancements in obstetrics mean viability moves ever lower). Mississippi is trying to overturn Casey, allowing for a ban on abortion before viability. The proposed 15-week threshold isn’t particularly out of line with historic common law (which banned abortion after quickening, around 12-15 weeks) or modern European legislation (generally allowing on-demand abortion during the first trimester). The real issue isn’t the time threshold in this case (Texas’ 6-week ban is absurd, not to mention the bounties), it’s the lack of non-abortion alternatives (comprehensive sex education, contraception access, etc) and TRAP legislation that makes even medical abortions using only pharmaceuticals difficult to perform (something every hospital theoretically should be able to do), neither of which characterize most European countries.

    6 votes
  2. [2]
    Eabryt
    Link
    Having a hard time seeing how this doesn't end with Roe overturned.

    Having a hard time seeing how this doesn't end with Roe overturned.

    5 votes
    1. Eric_the_Cerise
      Link Parent
      When the SCOTUS rules 7-to-6 to uphold Roe. ( </snark>)

      When the SCOTUS rules 7-to-6 to uphold Roe.

      ( </snark>)

      6 votes