Amy Barrett to Consider First Abortion Case Friday

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The new Supreme Court with Justice Amy Coney Barrett on the bench will consider whether to take up a major abortion case this Friday. In a private meeting, the Supreme Court judges will discuss whether to take up Dobbs v. Jackson Women’s Health Organization from Mississippi that directly challenges previous core rulings on elective abortion.

A district judge and the Fifth Circuit Court of Appeals ruled against the state law that protects preborn babies after 15 weeks of pregnancy. The state has now appealed to the Supreme Court. 

On Friday, the Supreme Court will hold their regular private conference to discuss previously heard cases as well as whether to take up pending cases appealed to the court. This will be Justice Barrett’s first conference and they could make a decision on whether to hear Dobbs, the Mississippi case.

“The petition asks the court to clarify its jurisprudence on abortion to allow states like ours to enact laws that further their legitimate interests in protecting maternal health, safeguarding unborn babies, and promoting respect for innocent and vulnerable life,” Mississippi Attorney General Lynn Fitch said in a statement in June. “We are hopeful that the court will accept our case and allow Mississippi to defend innocent life as the legislature and the people of this great state intend.”

Mississippi asks the court to consider three main questions: 

  • Whether all pre-viability prohibitions on elective abortions are unconstitutional;
  • Whether abortion businesses have third-party standing to invalidate a law that protects women’s health from the dangers of late-term abortions; and
  • Whether the validity of a pre-viability law that protects women’s health, the dignity of unborn children, and the integrity of the medical profession and society should be analyzed under Planned Parenthood v. Casey’s ‘undue burden’ standard or Whole Woman’s Health v. Hellerstedt’s balancing of benefits and burdens.

With a 6-3 conservative majority on the court, Americans see the real results of voting Pro-Life. President Donald Trump has delivered on his promises. 

There is more hope that the Supreme Court may consider overturning Roe, especially with Barrett on the court, but whether the court will take up the Mississippi case is difficult to say. The court could wait for other abortion cases, like the Texas Dismemberment Abortion Ban.

Click here to read more about what Texas can do to push these critical cases to the Supreme Court.

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