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Supreme Court Hears Mississippi Abortion Case That Could Overturn Roe v. Wade

Instead of the usual majority opinion, I think the Court is prepared to offer a plurality opinion—perhaps a 3-3-3 vote with Roberts, Kavanaugh, and Barrett offering a more nuanced decision.

So any plurality ruling would mean Roe would neither be struck down in its entirety or upheld in its entirety.

That plurality would say Mississippi’s 15-week ban can be enforced, and that the “viability” standard from Roe v Wade no longer governs, and no longer will be the constitutional standard.

Roe guarantees abortions pre-viability, usually at about 24 weeks. The court will say the Mississippi is not an “undue burden ” — the standard set in the 1992 Casey case — since women could still have an abortion up to 15 weeks. 90% of abortions are performed in the first 13 weeks of pregnancy, per the CDC.

The court for now will sidestep whether earlier state bans — 12 weeks and 6 weeks (the Texas heartbeat law) can stand.

The court only will only address the specifics of the 15 week Mississippi law and it was clear the conservatives on the court were ready to make dramatic changes limiting abortion rights.

Story cited here.