Supreme Court agrees to take up Mississippi abortion case giving court opportunity to reconsider Roe v. Wade

WASHINGTON (WXXV) — The Supreme Court has agreed to take up a major abortion case that will give the court an opportunity to reconsider Roe v. Wade and Planned Parenthood v. Casey.

Bans on abortion prior to viability have been considered unconstitutional since 1973, when the Supreme Court decided the landmark case Roe v. Wade.

Court documents reveal the case involves the constitutionality of Mississippi’s ban on most abortions after 15 weeks of pregnancy.

In this case, the Court has agreed to consider the question as to whether all pre-viability prohibitions on abortion are unconstitutional.

The challenge to Mississippi’s 15-week ban was brought by the Center for Reproductive Rights, the law firm Paul Weiss, Rifkind, Wharton & Garrison, and the Mississippi Center for Justice on behalf of Jackson Women’s Health Organization — the last remaining abortion clinic in Mississippi.

The state of Mississippi asked the Supreme Court to take this case after the Fifth Circuit Court of Appeals struck down the law in December 2019.

While upholding a lower court’s decision to strike down Mississippi’s ban on abortion after 15 weeks of pregnancy, Judge Patrick Higginbotham wrote: “In an unbroken line dating to Roe v. Wade, the Supreme Court’s abortion cases have established (and affirmed, and re-affirmed) a woman’s right to choose an abortion before viability. States may regulate abortion procedures prior to viability so long as they do not impose an undue burden on the woman’s right, but they may not ban abortions.”

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