Mississippi Wants Supreme Court To Overturn Roe v. Wade

Mississippi state filed a brief with the Supreme Court Thursday to defend the state’s ban on abortion after 15 weeks of pregnancy and wants the court to overturn Roe V. Wade when their arguments are heard this fall, according to Politico.

“The national fever on abortion can break only when this Court returns abortion policy to the states,” Mississippi Attorney General Lynn Fitch writes in the brief, arguing that the country has changed so much since Roe was decided that the court needs to reopen the issue.

“In 1973, there was little support for women who wanted a full family life and a successful career,” she wrote. “Maternity leave was rare. Paternity leave was unheard of. The gold standard for professional success was a 9-to-5 with a corner office. The flexibility of the gig economy was a fairy tale.”

When Mississippi asked the justices to take up the state’s case last June, however, the state emphasized there was no need to overturn the landmark abortion precedent or the court’s major refinement of that decision in 1992 in Planned Parenthood v. Casey.

“To be clear, the questions presented in this petition do not require the Court to overturn Roe or Casey,” Fitch wrote then.

When officials from the Magnolia State brought the case to the high court last year, conservative justices outnumbered liberals, 5-4. But with the death in September of Justice Ruth Bader Ginsburg and the light-speed confirmation of Justice Amy Coney Barrett the following months, the court swung to a more lopsided, 6-3, conservative orientation.

In May, the court not only announced it would hear the Mississippi case, but the majority seemed to signal a willingness to revisit the basic framework of Roe v. Wade, writing explicitly that they wanted to hear arguments on whether states should be allowed to ban abortion prior to the point of fetal viability, which occurs around 24 weeks of pregnancy.

The high court has not yet announced when it will hear arguments in the Mississippi cases, but a decision is expected by next June or July, just months before the 2022 midterms in which both parties are expected to use the issue of abortion to turn out voters.

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