From The New York Times:
The Supreme Court on Monday said it would hear a case from Mississippi challenging Roe v. Wade, the 1973 decision that established a constitutional right to abortion. The case will give the court’s new 6-to-3 conservative majority its first opportunity to weigh in on state laws restricting abortion.
The case, Dobbs v. Jackson Women’s Health Organization, No. 19- 1392, concerns a law enacted by the Republican-dominated Mississippi legislature that banned abortions if “the probable gestational age of the unborn human” was determined to be more than 15 weeks. The statute included narrow exceptions for medical emergencies or “a severe fetal abnormality.”
Lower courts said the law was plainly unconstitutional under Roe, which forbids states from banning abortions before fetal viability — the point at which fetuses can sustain life outside the womb, or around 23 or 24 weeks.
“The state chose to pass a law it knew was unconstitutional to endorse a decades-long campaign, fueled by national interest groups, to ask the Supreme Court to overturn Roe v. Wade,” Judge Reeves wrote. “This court follows the commands of the Supreme Court and the dictates of the United States Constitution, rather than the disingenuous calculations of the Mississippi Legislature.”
“With the recent changes in the membership of the Supreme Court, it may be that the state believes divine providence covered the Capitol when it passed this legislation,” wrote Judge Reeves. “Time will tell. If overturning Roe is the state’s desired result, the state will have to seek that relief from a higher court. For now, the United States Supreme Court has spoken.”
Pro-life response, from CNA:
“States should be allowed to craft laws that are in line with both public opinion on this issue as well as basic human compassion, instead of the extreme policy that Roe imposed,” Jeanne Mancini, president of March for Life, stated. Roe v. Wade was the Supreme Court’s 1973 decision that legalized abortion nationwide. The Roe ruling said that states could not ban abortions prior to the “viability” of the unborn child.
“Every human life is valuable, and Mississippi’s law is a commonsense step toward protecting unborn children and their mothers from the harms of late-term abortion,” Alliance Defending Freedom senior counsel Denise Harle stated on Monday.
“The law protects the life of a baby who can already move around and kick in her mom’s womb—a child who has a heartbeat, can taste what her mom eats, and can experience pain,” she stated. And the law also protects women, since late-term abortions grow increasingly dangerous to the mother’s health.”
… The state’s Catholic dioceses of Jackson and Biloxi have supported the law, in a written friend-of-the-court brief.
They stated that “the state’s interest in protecting unborn children who have the capacity to feel pain is sufficiently compelling to support a limited prohibition on abortion.”