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Mississippi to Supreme Court: Overturn Roe v. Wade

A decision in big abortion rights case could come by June
By Evann Gastaldo,  Newser Staff
Posted Jul 23, 2021 12:07 AM CDT
Mississippi to Supreme Court: Overturn Roe v. Wade
The U.S. Supreme Court is seen on Capitol Hill in Washington, Saturday, July 10, 2021.   (AP Photo/Jose Luis Magana)

(Newser) – The Mississippi attorney general on Thursday asked the US Supreme Court to overturn Roe v. Wade, a challenge to the 1973 law that's been expected since May, when the high court agreed to hear a case involving a Mississippi law banning most abortions after 15 weeks. Lower courts blocked the law, known as the Gestational Age Act, and the state is appealing, NBC News reports. Attorney General Lynn Fitch said the Roe v. Wade ruling, as well as the other major ruling legalizing abortion in the US, 1992's Planned Parenthood v. Casey, were "egregiously wrong." She said there is an "overwhelming" case to be made for overruling them, CNN reports.

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"The conclusion that abortion is a constitutional right has no basis in text, structure, history, or tradition," Fitch said in a new brief to the justices. The request is notable, because when Mississippi asked SCOTUS to hear the case, it said doing so did not "require the court to overturn either Roe or Casey." Politico says this brief "raises the stakes," but notes that court watchers tend to think the justices are more likely to stop short of overruling Roe, while continuing to allow states to place an increasing number of restrictions on abortions. Axios points out the possibility that President Biden will protect abortion rights via an executive action if Roe is overturned. Oral arguments are expected in late fall or early winter, with a decision possible by June. (More on the case here.)

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