By Craig Monger
A Supreme Court of the United States (SCOTUS) case on abortion that could impact Alabama and other states is underway. The Court heard oral arguments for Dobbs v. Jackson Women's Health Organization, on Wednesday.
The case was brought before SCOTUS after the Mississippi legislature passed a law in 2018 that would prevent abortions after 15 weeks of pregnancy, except for medical emergencies and fetal abnormalities.
The legislation was challenged by the Jackson Women's Health Organization, stating that the law was unconstitutional and went against previous SCOTUS opinions such as Roe v. Wade and Planned Parenthood v. Casey.
The Fifth Circuit Court of Appeals put a permanent stop to the bill on Dec. 13, 2019. On June 15, 2020, Mississippi Department of Health State Health Officer Thomas Dobbs appealed to the U.S. Supreme Court. Finally, on May 17, 2021, The U.S. Supreme Court agreed to hear the case.
If the Supreme Court rules that the State of Mississippi can ban abortions after a fetal heartbeat is detectable, then Alabama’s similar law, which is currently being blocked by Federal Judge Myron Thompson, would also likely be enforceable.
The nation's capital was flooded with thousands of pro-life, pro-abortion and abolitionist protestors Wednesday. According to U.S. Sen. Tommy Tuberville, the capital had been inundated with protestors and counter-protestors since Wednesday morning.
SEE RELATED STORY: Alabama GOP Congressmen hope that Supreme Court lets states restrict abortions
The case has drawn national attention because it challenges previous rulings of the SCOTUS and revisits Roe v. Wade, which has been the legal precedent leaned on by pro-abortion activists since it was handed down in 1973. Planned Parenthood v. Casey would also be at risk because it essentially upholds Roe while making a few qualifications.
Many have argued that, for Mississippi to win its appeal, the court would have to repeal both Casey and Roe.
Roe v. Wade was a Supreme Court ruling that allows for abortion before the unborn fetus is at the stage in which it is considered viable, which the Court determined was after the start of the third trimester.
Wednesday’s proceedings involved legal arguments from Scott Stuart, the Mississippi Solicitor General, representing the petitioners (Dobbs), and Julie Rikelman, the legal representative for the respondents (Jackson). The Justices heard oral arguments from both parties, as well as asked questions and examined both parties.
"Roe versus Wade and Planned Parenthood versus Casey haunt our country," Stuart said. "They have no basis in the Constitution. They have no home in our history or traditions. They've damaged the democratic process. They've poisoned the law. They've choked off compromise. For 50 years, they've kept this Court at the center of a political battle that it can never resolve. And 50 years on, they stand alone. Nowhere else does this Court recognize a right to end a human life."
The proceedings also had U.S Solicitor General Elizabeth Prelogar arguing in support of the respondents.
"Why would women need access to abortion after 15 weeks, and what is the effect on them?" Prelogar said. "They don't realize that they're pregnant. That's especially true of women who are young or haven't experienced a pregnancy before, or their life circumstances change… They lose their job, or their relationship breaks apart, or they have medical complications. Or, for many women, they don't have the resources to pay for it earlier."
If SCOTUS completely overturns Roe v. Wade, states would have the right to decide on abortion laws and limits. It is likely Alabama would drastically restrict or illegalize abortion.
Alabama Gov. Kay Ivey Tweeted about the case saying it will impact not only Mississippi, but also Alabama and all states.
Decades after Roe v. Wade — we’re still in this fight. Today, we turn our attention to SCOTUS hearings for the Dobbs case. It not only matters to MS, it matters to AL & all 50 states. People’s interest should be protected through their elected legislators & governors. #alpolitics
— Governor Kay Ivey (@GovernorKayIvey) December 1, 2021
The respondents leaned heavily on stare decisis, which is a legal principle of maintaining previous rulings for the sake of consistency and predictability. The respondents determined that, since Roe and Casey have been the standards for nearly 50 years, they shouldn't be repealed. The assertion was also made that any restriction made on pre-viability abortions would negatively impact low-income households.
The petitioners relied on the moral argument against abortion, stating that the issue of abortion is not a constitutional issue and should be left to the states to decide. The petitioners responded to the stare decisis objection by pointing to previously repealed rulings of the SCOTUS relating to civil rights and segregation. The petitioners put little stock in the precedent being in place for almost 50 years.
"The fact that so much time has passed, let's say nothing had changed, that's not a point in Roe and Casey's favor," Stewart said. "They have no basis in the Constitution. They adopt a right that purposefully leads to the termination of now millions of human lives."
Justice Brett Kavanaugh asked why abortion isn't handled by each state.
“Why should this Court be the arbiter rather than Congress, the state legislatures, state supreme courts, the people being able to resolve this?” Kavanaugh said. “And there will be different answers in Mississippi and New York, different answers in Alabama than California.”
Six Justices signaled they would uphold Mississippi's ban on abortions after 15 weeks.
The Court will eventually assign a justice to write an opinion, and that opinion will go through a process of revision and adjustment. The Supreme Court's ruling will likely not be released until the second quarter of 2022.
Matt Clark, a lawyer with the Alabama Center for Law and Liberty, was present in the capital and listened to the proceedings.
"I think we have a good chance of having at least five justices [overturning] Roe," Clark said. "Supreme Court Justices tend to release difficult judgments around June, but it is likely that we see the Court ruling in favor of Mississippi."
U.S. Rep. Barry Moore spoke with pro-life medical professionals outside the Capitol Wednesday.
“As physicians, we are saying abortion is not healthier. It takes the life of one of our patients and it harms the life of our other patient,” one supporter told Moore.
Today at the SCOTUS, I talked with a group of pro-life medical professionals about the major abortion case before the Court this morning. This is a monumental day in our nation's history as the Supreme Court considers striking down Roe v. Wade. pic.twitter.com/QHNFIih4TM
— Rep. Barry Moore (@RepBarryMoore) December 1, 2021
To connect with the author of this story, or to comment, email craig.monger@1819News.com.
