With Roe v. Wade overturned, MS will ban almost all abortions. What to know.
The U.S. Supreme Court’s decision to strike down Roe v. Wade will likely mean an end to most abortions in Mississippi almost immediately. because of a “trigger law” that would go into place.
In addition to the trigger law, Mississippi currently has an unenforced pre-Roe abortion ban with exceptions for rape and protecting the life of the patient, according to the Guttmacher Institute who cataloged every state’s laws on the subject. Another law has been temporarily enjoined by court order. It is not in effect, but could take effect now that Roe has been overturned.
When the Mississippi House of Representatives introduced House Bill 1510, “the 15-week ban,” it set in motion a law that, if upheld, would overthrow two of the country’s federal precedents upholding legalized abortions.
According to a brief filed in the Supreme Court by the Jackson Women’s Health Organization — a group challenging restricting abortion access — the bill states that “a person shall not intentionally or knowingly perform, induce, or attempt to perform or induce an abortion,” if “the probable gestational age” of the fetus, which the physician is required to determine and document prior to performing the abortion, is “greater than fifteen (15) weeks.”
If Mississippi’s law to ban abortions of fetuses 15 weeks or older is upheld, it would give all states the right to ban or restrict abortions and would overturn Roe v. Wade — the 1973 case that made a woman’s right to choose a federal law — and Planned Parenthood v. Casey, a 1992 law that challenged provisions for a waiting period, spousal notification and parental consent for minors.
The Mississippi case, Dobbs v. Jackson Women’s Health Organization (acting on behalf of itself and its patients), was argued in the Supreme Court last Dec. and a decision is expected in the next two months, but Justice Samuel Alito’s initial draft abortion opinion was leaked to Politico Magazine this week.
Dobbs is Dr. Thomas Dobbs, Mississippi top health officer who is leaving his Department of Health job this summer. His name is on the case because he was acting in his official capacity for the state.
Justices deliberate through opinions they draft and circulate among each other. They discuss the merits of the cases before them through opinions that cite previous cases and voice the opinions of the author. Some justices write independent opinions, but most often, an opinion represents a group of justices who share the same view. The opinions can sway justices to switch camps or inspire an opposing opinion.
The Politico leak was the first time in history that an opinion was leaked to the public before the court ruled in the case. It sparked public protests aiming to influence the Supreme Court’s upcoming decision.
In the draft, Alito wrote the majority opinion that the decision to ban or restrict abortions should be made by voters through the state officials they elect and a woman’s right to choose was essentially made at the polls. “Our Nation’s historical understanding of ordered liberty does not prevent the people’s elected representatives from deciding how abortion should be regulated,” he said in the draft.
According to Politico, “A person familiar with the court’s deliberations said that four of the other Republican-appointed justices — Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett — had voted with Alito in the conference held among the justices after hearing oral arguments in December, and that lineup remains unchanged as of this week.”
Mississippi laws that could prevent abortions
Mississippi is one of 12 states that has “trigger laws” in place that would ban or severely limit abortion access if Roe v. Wade is overturned, NPR reported.
In Mississippi, the trigger law would happen automatically after the justice’s decision and would ban abortion outright, with the exception of medical emergencies like rape or incest.
Gov. Tate Reeves, a conservative Republican who is a vocal anti-abortion advocate, appears to support the overturning of Roe v. Wade.
“Countless lives can be saved!” he tweeted, also calling U.S. abortion laws “radical.”
Planned Parenthood has vowed to fight if the abortion law is overturned.
“We have been preparing for this. We’re ready for this fight. Abortion is still legal and we will continue to fight across the country — this will not stop us,” the nonprofit tweeted.
“Your body is your own. You and only you should control your personal medical decisions.”
This story was originally published May 3, 2022 at 3:07 PM.
