The Supreme Court is hearing oral arguments in the Dobbs vs. Jackson Women’s Health Organization case, which challenges the constitutionality of the 2018 Mississippi law known as the “Gestational Age Act.” The legislation bans abortions after the first 15 weeks of pregnancy—five weeks earlier than the state’s typical abortion restriction—and directly challenges the ruling of Roe vs. Wade in which the Supreme Court ruled that abortion access should be available up until at least the 24-week point of viability, or longer if the pregnancy threatens a patient’s life or health.
Justice Sonia Sotomayor, a consistent supporter of reproductive rights, challenged Mississippi Solicitor General Scott Stewart late Wednesday morning about even taking up and overturning precedents that have been set by both Roe and the 1992 landmark Supreme Court case Casey vs. Planned Parenthood in which the court reaffirmed the 1973 Roe ruling. She then set her sights on just how damaging the present case could be to not just the court itself, but to the constitution and the country, as well.
“What hasn’t been at issue in the last 30 years is the line that Casey drew of viability. There has been some difference of opinion with respect to undue burden, but the right of a woman to choose, the right to control her own body, has been clearly set since Casey and never challenged. You want us to reject that line of viability and adopt something different. Fifteen justices over 50 years have, or, I should say, 30 since Casey, have reaffirmed that basic viability line. Four had said no, two of them members of this court, but 15 justices have said yes, of varying political backgrounds. Now, the sponsors of this bill, the house bill in Mississippi, said we’re doing it because we have new justices,” Sotomayor said.
Listen to the audio of Justice Sonia Sotomayor questioning Mississippi Solicitor General Scott Stewart below.