Mississippi Requests to Reverse Roe v. Wade: 1973 Landmark Supreme Court Decision Legalizing Abortion Nationwide Prior to Viability

U.S. Supreme Court To Hear Mississippi Case That Could Threaten Abortion Rights

(Photo : Getty Images/Drew Angerer)
WASHINGTON, DC - MAY 17: Clouds are seen above The U.S. Supreme Court building on May 17, 2021 in Washington, DC. The Supreme Court said that it will hear a Mississippi abortion case that challenges Roe v. Wade. They will hear the case in October, with a decision likely to come in June of 2022.

Mississippi attorneys prompted the United States Supreme Court on Thursday for the reversal of Roe v. Wade. They took a more assertive approach than when they appealed to the court one year ago for the case hearing. According to Mississippi, the case for rescinding the two major decisions that legalized abortion in the country -- 1973's Roe v. Wade in 1973 and 1992's Planned Parenthood v. Casey -- is overwhelming.

Mississippi's attorney general filed to contest Roe v. Wade. Lynn Fitch touted the initial ruling of the case and succeeding additions to the right to discontinue a pregnancy appallingly wrong in her filing.

Fitch's Arguments

On Thursday, the office of Mississippi's attorney general contended in papers with the high court that the US SC should revoke the landmark 1973 ruling and allow states to choose whether to regulate abortion before an unborn child could survive outside the mother's womb.

According to Fitch, "Under the Constitution, may a State prohibit elective abortions before viability? Yes. Why? Because nothing in constitutional text, structure, history, or tradition supports a right to abortion," reported K Love.

The series of arguments the state drew up comprise the most assertive and straightforward attack on abortion rights in years before the Supreme Court. The GOP attorney general leading the case announces at once that the timing is right for the justices to reject the long-running exemplar because the 1992 deliberation that reasserted the right to abortion access for women, Roe and Casey, are shockingly wrong, reported WEIS.

Fitch says it has no basis

Also, according to Fitch, the deliberation that abortion is a constitutional right has no basis in structure, text, tradition, or history. She initiated the opening salvo in the most critical abortion-linked contention the SC has heard in years. She added that the case for countermanding Roe is appalling, reported CNN.

Through ruling that a state could not implement an undue burden on an abortion right, the state remarked the SC has positioned itself "at the center of a controversy" it could never settle. Mississippi is appealing lower court rulings that refused a law prohibiting the majority of abortions following 15 weeks into pregnancy.

The SC is currently seated with a 6-3 conservative majority. This autumn, it will hear contentions in the case. The state of Mississippi is one among numerous states to implement a penal law regarding abortion in the past few months. It prohibited the majority of abortions over 15 weeks of pregnancy. However, lower courts prohibited it from being imposed.

In an SC revamped with three conservative justices inducted by former President Donald Trump, the state's case is the initial large abortion-rights test. By spring, judges could rule on it.

Fitch added that Roe and Casey are undignified decisions that have tainted the national discussion, adversely affected the democratic process, and afflicted the law. Thus, it has harmed the SC, she continued.

Roe v. Wade is the 1973 marker SC decision legalizing abortion throughout the US prior to feasibility. It could transpire at about 24 weeks into pregnancy.