Case at center of SCOTUS decision

Abortion rights rally
Posted at 4:47 PM, May 03, 2022
and last updated 2022-05-03 21:57:23-04

(KGTV) — While many people are familiar with the case of Roe v. Wade, the current case at the center of the upcoming ruling is one some may not be as familiar with.

The case at the center of this historic supreme court decision is called Dobbs c. Jackson Women’s Health Organization and challenges a Mississippi law enacted in 2018.

“Which basically restricts most abortions after 15 weeks of pregnancy and puts miss largely in opposition to Roe v. Wade and Casey.”

Glenn Smith is a Constitutional Law professor at Cal Western School of Law in San Diego.

He says so far lower courts have sided with the abortion clinic, ruling that the law was unconstitutional/

But Mississippi Department of Health State Health officer Thomas Dobbs ultimately appealed to the Supreme Court, which heard arguments in the case at the end of last year.

“Mississippi as you know is arguing that the courts should overturn Roe v. Wade and provide no Constitutional protection for abortion rights.”

Although the recent leak of the draft decision seemingly points to a certain ruling, Smith says there are still a number of outcomes.

“It still is possible that the court could decide this case by upholding the Mississippi law saying that there's nothing magical about 24 weeks of viability that a state can without violating the undue burden standard move the point viability up to 16 weeks.”

Or simply a decision to overrule.

“Simply wiping out the last 50 years of abortion rights rulings which would pretty much leave it completely up to states to decide.”