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Did you think that the abortion rights situation was only precarious in Texas? The reality is much more alarming.
On December 1st, attorney Sarah Mitchell from the Center for Reproductive Rights will present arguments before the Supreme Court regarding Dobbs v. Jackson Women’s Health Organization. This case marks the first time the Supreme Court will review a law that challenges the precedent set by Roe v. Wade, which guarantees a woman’s right to an abortion before fetal viability—approximately 24 weeks. The Center for Reproductive Rights emphasizes, “This is the first instance where the Court will assess the constitutionality of a pre-viability abortion ban since Roe.” This moment is pivotal for abortion rights in America, and it’s cause for serious concern.
The Fight for Abortion Rights
The Center for Reproductive Rights, alongside a coalition that includes the law firm Paul, Weiss, Rifkind, Wharton & Garrison LLP, Mississippi civil rights attorney David Thompson, and the Mississippi Center for Justice, has sued the state of Mississippi on behalf of the state’s only remaining abortion clinic, Jackson Women’s Health Organization. They argue that various outdated laws violate a woman’s constitutional right to safe abortion access. This includes an emergency challenge against the state’s ban on abortions after 15 weeks and a challenge to the six-week ban, akin to Texas’ legislation.
The lawsuit highlights the excessive burdens placed on abortion clinics, which face a “restrictive licensing system” that is even more stringent than those for other high-risk medical facilities in Mississippi. As a result, all but one abortion clinic has closed. Women are forced to schedule appointments, receive “state-mandated information,” and return for the procedure 24 hours later, creating a two-visit requirement that is untenable for many, especially in one of the poorest states in the country. Only licensed physicians can perform abortions, preventing nurse practitioners from administering the safe abortion pill, and telemedicine consultations are off-limits. Women must physically show up at the clinic to receive care.
The Center for Reproductive Rights celebrated a legal victory when a district court struck down the 15-week ban on November 20, 2019. The court declared that the ban imposed “an unconstitutional undue burden on the right to abortion,” dismissing the state’s claims regarding “women’s health” as mere pretense and stating that “respecting [women’s] autonomy demands that this statute be enjoined.”
However, the victory was short-lived, as Mississippi promptly appealed the ruling. In a convoluted legal journey, the case eventually reached the U.S. Supreme Court, which agreed to hear it following the appointment of Justice Amy Coney Barrett, shifting the Court to a conservative 6-3 majority. This conservative panel is now tasked with addressing the most significant challenge to Roe v. Wade to date.
Consequences of a Conservative Ruling
If the conservative majority, many of whom have publicly opposed abortion rights, upholds Mississippi’s law—effectively declaring that women do not have a constitutional right to abortion prior to fetal viability—it could lead to widespread turmoil.
The concept of viability has always been contested, with even former Supreme Court Justice Sandra Day O’Connor acknowledging its ambiguity. If the Court dismisses the viability standard altogether, the ramifications could be extensive.
Here’s what could potentially unfold for abortion rights in America if the ruling is unfavorable:
- Eight states still have pre-Roe bans on abortion that would be reinstated, including Arkansas, where the ban lacks protections for the patient’s life.
- Eleven states have “trigger” laws that would automatically ban or severely restrict abortion if Roe were overturned, including states like Texas and Louisiana.
- Seven states have laws with unconstitutional restrictions currently on hold that could become enforceable without Roe, including Alabama and Georgia.
- Alabama, Kentucky, Tennessee, and West Virginia have explicitly stated their state constitutions do not protect the right to abortion.
- While fifteen states and D.C. have enacted laws that safeguard abortion rights, these protections may not hold if heartbeat bills or other restrictions come to fruition.
The grim reality is that we could revert to the days of unsafe, illegal abortions, reminiscent of tragic stories like that of Lucy Parker, who died alone after a botched procedure due to the lack of legal options.
According to historical estimates, approximately 350,000 women were harmed or killed annually from illegal abortions prior to Roe v. Wade. These figures reflect lives at stake and futures lost—women and girls who stand to lose everything if the court favors anti-abortion activists.
However, if our rights are eroded in court, we will mobilize in our legislatures and grassroots movements. We will persist. Every woman in America deserves access to safe and legal abortion services. Let’s hope that right is upheld.
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Summary
Abortion rights in America are facing unprecedented challenges as the Supreme Court prepares to hear a case that could redefine the constitutional right to pre-viability abortion. The possible outcomes of the ruling could lead to a cascade of restrictions across multiple states, reviving outdated abortion bans and imposing significant burdens on women seeking reproductive care. The fight for safe and legal abortion is far from over; mobilization efforts will continue regardless of the court’s decision.
Keyphrase: Abortion Rights in America
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