The new case, Dobbs v. Jackson Women’s Health Organization, no. more than 15 weeks. The statute, a calculated challenge for Roe, included small exceptions for medical emergencies or “a serious fetal abnormality.”
Lower courts said the law was clearly unconstitutional according to Roe, which prohibits states from banning abortion before the viability of the fetus, the point at which fetuses can keep life out of the womb, or about 23 or 24 weeks.
The only Mississippi abortion clinic sued, saying the law affected Roe and Planned Parenthood against Casey, the 1992 decision that affirmed Roe’s fundamental involvement.
Judge Carlton W. Reeves of the Federal District Court in Jackson, Mississippi, blocked the law in 2018, saying the legal issue was straightforward and questioned the motives of state lawmakers.
“The state chose to pass a law it knew was unconstitutional to endorse a decades-long campaign, driven by national interest groups, to ask the Supreme Court to overturn Roe v. Wade,” Judge Reeves wrote. “This court follows the orders of the Supreme Court and the dictates of the United States Constitution, rather than the poorly made calculations of the Mississippi legislature.”
“With the recent changes in the composition of the Supreme Court, the state may believe that divine providence covered the Capitol when it passed this legislation,” he wrote. “Time will tell. If the state’s desired outcome is to overthrow Roe, the state will have to apply for that relief in a higher court. For now, the U.S. Supreme Court has spoken.”
A three-judge tribunal of the U.S. Court of Appeals for the Fifth Circuit in New Orleans upheld Judge Reeves’ ruling. “In an unbroken line dating Roe v. Wade, Supreme Court abortion cases have established (and affirmed and reaffirmed) a woman’s right to choose an abortion before viability,” Judge Patrick E wrote. .Higginbotham for the most part.