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Mississippi wants Supreme Court to overturn Roe

The state of Mississippi on Thursday asked the U.S. Supreme Court to overrule Roe v. Wade as part of a major abortion case the justices will consider this fall. As part of a 49-page brief to the court, Mississippi Attorney General Lynn Fitch argued that the 1973 Roe v. Wade decision and its subsequent 1992 Casey v. Planned Parenthood ruling were "egregiously wrong." Casey upheld Roe.


The high court this fall will consider the constitutionality of a Mississippi law prohibiting an abortion after the 15th week of a woman’s term. The law includes exceptions for fetal abnormality and medical emergencies. The Supreme Court said it would limit the scope of the case to one question: Are all laws restricting pre-viability abortions unconstitutional? Fitch, in her brief to the court, says answering the question is difficult only because of Roe and Casey.

“On a sound understanding of the Constitution, the answer to the question presented in this case is clear, and the path to that answer is straight. 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,” Fitch argues.

“Under those cases, a state law restricting abortion may not pose an ‘undue burden’ on obtaining an abortion before viability,” she argues. “… Roe and Casey are thus at odds with the straightforward, constitutionally grounded answer to the question presented. So the question becomes whether this Court should overrule those decisions. It should. The stare decisis case for overruling Roe and Casey is overwhelming.”


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