Supreme Court Taking Abortion Case Called 'Ominous' For Pro Choice
News, Politics

Supreme Court Taking Abortion Case Called ‘Ominous’ For Pro Choice

On  Monday, the Supreme court announced it would take a case for next session that has pro choice advocates quite concerned. The case, Dobbs vs The State of Mississippi involves a 15-week abortion ban. It’s one of the most restrictive aboriton bans in the country.

There are two factors that have some worried about Dobbs. The first is that the court is decidedly conservative. President Trump might have only been in office for four years, but that was enough time to pack the Supreme Court with right-wingers. The other factor is that the court has been sitting on the case since 2010.

As Slate‘s Mark Joseph Stern pointed out on Twitter, that might be the most concerning detail of the announcement.

“There was clearly a battle behind the scenes between the justices over the decision to take this case,” Stern wrote. “It is an extraordinarily ominous sign for reproductive rights that the anti-abortion faction apparently won out.”

Stern had even more bad news for those who are hoping the court might strike down the Mississippi legislation that is at the center of the case.

“Because there is no split in the lower courts,” he added. “The only plausible reason for the Supreme Court to take up this case is to overturn the rule (set out in Roe and Casey) that states may not enact a total ban on abortions at any point before viability, which Mississippi wants to do.”

He added that reproductive rights advocates have been dreading this day “for a long time.”

Packing The Courts To Protect Against Partisan Supreme Court

The ruling by the Supreme Court also had some activists wanting President Biden to take strong action. That includes a process that’s called “packing the courts.”

Court-packing was prevalent during the Trump administration as conservatives wanted to make sure they could get as many judges as possible. The idea was indeed that they could change the way lower courts are slanted, if indeed Trump only served four years.

With Biden in office and the Democrats controlling both houses of congress, there are some who want the current administration to do the same. They point to the fact that a slim majority in both houses might limit how long the opportunity to pack the courts would last.

Overturning 50 Years Of Precedent

The Supreme Court taking up the Dobbs case could change the face of the country. Roe v Wade has been the law of the land for five decades when it comes to abortion. It was that case that legalized abortion across the country.

Conservatives have long been challenging the case by passing restrictive laws. Now some believe the Mississippi law could be the final blow. If abortions are outlawed after just 15 weeks, it would essentially mean all abortions are now illegal.

Teddy Lincoln

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