Supreme Court poised to hear biggest challenge to Roe v Wade in 48 years

Jackson Women’s Health Organization, Mississippi’s lone abortion clinic, presented its legal argument Monday for why the U.S. Supreme Court should strike down the state’s 2018 law prohibiting abortions after the first 15 weeks of pregnancy, setting the stage for a momentous showdown over Roe v. Wade, the 1973 decision that legalized abortion nationwide.

The filing means that both parties in the case, Dobbs v. Jackson Women’s Health Organization, have now laid out their legal strategies. The Supreme Court will hear oral arguments in the case during its fall term, which begins Oct. 4.

While the constitutionality of Mississippi’s law is the primary question before the Court, both sides make clear in their respective briefs that the law is meant to be a direct challenge to Roe itself, and the decision that affirmed Roe’s central argument 18 years later, Planned Parenthood v. Casey. In its brief, the State of Mississippi explicitly asks the Court to overturn Roe, arguing that “the conclusion that abortion is a constitutional right has no basis in text, structure, history, or tradition.”

The parties’ opposing arguments focus largely on two key points of contention: the legal doctrine known as stare decisis, which holds that legal precedents should not be easily overruled lest the rule of law be eroded, and the concept of fetal “viability,” or the point at which fetal life can survive outside the womb.

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