Call Roe v. Wade " extremely false, "the Mississippi attorney general on Thursday urged the Supreme Court to remove the constitutional right to abortion and to maintain a state law that prohibits most abortions after 15 weeks of pregnancy.
The court will hear the arguments in l 'case in the fall, giving its newly enlarged conservative majority a chance to face what may be the most contentious issue in American law: whether the Constitution protects the right to terminate pregnancies.
The lower courts blocked the Mis sissippi, calling it a cynical and calculated attack on the right to abortion, in total contradiction to the precedents of the Supreme Court. The judges agreed to hear the case in May, just months after Judge Amy Coney Barrett, who said she was personally opposed to abortion, joined the tribunal. She replaced Justice Ruth Bader Ginsburg, a supporter of the right to'abortion , died in September.
The a new file , from the Attorney General Lynn Fitch, was a sustained and detailed attack on Roe and the decisions that followed, including Planned Parenthood v. Casey , the 1992 ruling that states cannot impose an "excessive burden" on the right to abortion before fetal viability - the point at which fetuses can sustain life outside the womb, or 24 weeks.
"The Constitution does not protect the right to abortion, "Ms. Fitch wrote." The text of the Constitution does not say anything about abortion. Nothing in the structure of the Constitution implies a rightabortion or prohibits states from restricting it.
She told judges that the scope of abortion rights should be determined by the political process. "The national abortion fever can only be broken when this court returns abortion policy to states - where agreement is more common, compromise is often possible, and disagreement can be resolved at the ballot box." . "
The law at issue in the case, Dobbs v. Jackson Women 's Health Organization, No. 19-1392, was enacted in 2018 by the Republicans-dominated Mississippi Legislature. It abortions prohibited if " the probable gestational age of the unborn human being "is determined to be more than 15 weeks. The law provided narrow exceptions for emergenciesmedical or "a serious fetal anomaly.
The specific question the judges agreed to decide was "whether all the pre-viability bans on elective abortions are unconstitutional. Depending on how the court answers this question, it might reaffirm, revise or remove the long-standing constitutional framework of the right to abortion.
Ms. Fitch urged the judges to take the third approach, saying it would strengthen the court's legitimacy.
"Roe and Casey are unprincipled decisions that have hurt to the democratic process, poisoned our national discourse, poisoned the law - and in so doing, damaged this tribunal, ”she wrote.