The Supreme Court will hear a case in its next term that will decide whether abortion restrictions based on the viability of the fetus are constitutional, setting up the next big abortion fight in culture and government.
The order indicating that they would hear the case was unsigned, but indicates that at least four justices want to consider it.
Since the state asked the court to take up the case, it has changed from a 5-4 conservative majority with Chief Justice John Roberts increasingly siding with the liberal wing of the court, to a more solid 6-3 majority that could withstand a Roberts defection.
The case centers around a Mississippi abortion restriction that bans abortions after 15 weeks because the state has determined that point in gestation to represent viability.
Law struck down by lower courts
Two lower courts struck down the restriction because they said that 15 weeks represented pre-viability and that other rulings prohibited pre-viability bans on abortion.
But Mississippi argued, unsuccessfully so far, that the fetus has developed physiologically in important ways by 15 weeks and that abortions are riskier for the mother at that time.
For the court to rule in Mississippi’s favor would set a new precedent that pre-viability bans are allowable under Roe v. Wade.
Conservatives and some on the left would see a ruling favorable to the state as a step toward overturning Roe v. Wade and returning to a ban on most or all abortions.
It’s not over
It was a goal of President Donald Trump to reverse Roe v. Wade, which led to his appointment of three conservative, pro-life justices during his four years in office.
“That’ll happen automatically, in my opinion, because I am putting pro-life justices on the court,” Trump said of the reversal.
But an outright reversal of the infamous law legalizing abortions could give ammunition to the left’s attempts to “balance” the court by adding liberal justices–in other words, court-packing.
The left sees abortion as a life-or-death issue, not for the unborn children, but for the women who might, in their eyes, get stuck with a child they don’t want. They will do anything to hold on to a woman’s right to choose to kill her unborn child, so this issue is far from over no matter what the court decides on the Mississippi case.