SCOTUS may take up cases on abortion and LGBT rights – Roll Call

The Supreme Court could soon choose to weigh in on abortion restrictions in Dobbs v. Jackson Womens Health Organization, a case about a Mississippi law. The court will take up the case if four of the nine justices vote to do so. The court has repeatedly delayed a decision on whether to review the case this term, but that could happen as early as this month.

At issue is whether Mississippi should be allowed to enforce a ban on abortion after 15 weeks of pregnancy. States have enforced some limits on when in pregnancy an abortion can be performed, but the Supreme Court has not ruled on this.

The law, which never took effect, was previously blocked by both the U.S. District Court for the Southern District of Mississippi Northern Division and the 5th U.S. Circuit Court of Appeals.

Most experts are skeptical that the high court would choose this case because there has not been a split circuit court decision in a similar case, which is one of the ways cases make it to the Supreme Court. Opponents of Mississippi's law argue it clearly would violate the precedent in Roe, which said a woman has a right to abortion until a fetus could viably survive outside the womb, because 15 weeks is too early for viability.

Every other federal appeals court to consider a similar ban has also ruled them unconstitutional. Mississippi, nonetheless, has asked the court to review that case, and were waiting for the court to make a decision" on whether to consider the case, said Hillary Schneller, a senior staff attorney for the Center for Reproductive Rights, which is litigating the case against the state.

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SCOTUS may take up cases on abortion and LGBT rights - Roll Call

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