A coalition of 18 states is asking the U.S. Supreme Court to uphold Mississippi’s 15-week abortion ban, pointing to “advances in science” and “brutal” abortion procedures that involve “ripping a fetus apart” limb by limb.
The Mississippi law, passed by the legislature and signed by the governor in 2018, prohibits abortions after 15 weeks’ gestation except in medical emergency and in cases of severe fetal abnormality.
The U.S. Fifth Circuit Court of Appeals struck down the law, but the multi-state coalition is asking the Supreme Court to uphold it. In a July brief, the states argue “much has changed since Roe,” with fetal viability decreasing from 28 weeks’ gestation in 1973 – the year Roe v. Wade was handed down – to 21 weeks today.
The coalition says the Fifth Circuit’s decision conflicts with Roe’s legal framework but also the framework of the 1992 Planned Parenthood v. Casey decision and the 2020 June Medical Services decision. All were abortion-related cases.
“The Fifth Circuit refused to follow Casey and instead applied a novel test that renders irrelevant both the impact of a law and whether the State has an interest in the excruciating pain an unborn child experiences as it is torn limb from limb during an abortion,” the states argue.
The brief was signed by the attorneys general of Texas, Alabama, Alaska, Arizona,…
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