Nothing in the Mississippi Constitution Supports the ‘Right to Abortion,’ according to a legal brief.
According to the Associated Press, a legal brief submitted by Mississippi’s Republican attorney general office on Thursday contended that “nothing” in the Constitution supports the right to an abortion. As a result, the brief argues that the Supreme Court should reconsider the historic decision legalizing abortion and enable states to decide how to regulate the procedure.
“Can a state restrict elective abortions before viability under the Constitution? Yes. Why? Because nothing in the Constitution’s text, structure, history, or tradition supports an abortion right,” Mississippi Attorney General Lynn Fitch and four of her lawyers wrote in the brief.
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The arguments represent a direct challenge to the court’s core judgment in Roe v. Wade, which was decided in 1973, and its decision in a Pennsylvania abortion case in 1992. Both opinions stated that governments may not impose a “undue burden” on abortion before it is determined to be viable. The rulings, according to the Mississippi attorneys, are “egregiously erroneous.”
The Mississippi case is the first major abortion-rights test for a Supreme Court that has been altered by former President Donald Trump’s nomination of three conservative justices.
In May, a 6-3 conservative majority, including three Trump appointees, announced that the court will hear arguments on a Mississippi statute prohibiting abortion beyond 15 weeks. The case is expected to be heard this fall, with a decision expected in the spring.
If the Mississippi law is upheld by the Supreme Court, proponents of abortion rights say it will open the door for states to pass greater limitations on the operation, such as bans on abortion if a fetal heartbeat is found, which could happen as early as six weeks.
Several Republican state legislators have proposed legislation to overturn Roe v. Wade. A federal district court in Arkansas banned an Arkansas legislation banning most abortions on Tuesday, declaring that the statute is “categorically illegal” because it prohibits the surgery before the embryo is determined to be viable.
The Mississippi 15-week statute was passed in 2018, however it was overturned by a federal court. Jackson Women’s Health Organization, the state’s only abortion clinic, is still open and provides abortions up to 16 weeks of pregnancy. According to clinic director Shannon Brewer, around 10% of abortions are performed beyond the 15th week.
Almost all of them. This is a condensed version of the information.