The Supreme Court allowing an unprecedented pre-viability abortion ban to go into effect in Texas has prompted questions on the status of Roe v. Wade, the 1973 landmark ruling that's supposed to protect the right to abortion nationally.
bans physicians from providing abortions as early as six weeks into a pregnancy -- well before viability.
"It overturned it in effect in that it's saying, 'Here's how you can get out from under Roe.' So it's instructing states on how to do something to make it so Roe doesn't apply in their state," she said.The Texas law is different from previous bans in that it prohibits the state from enforcing the ban, instead authorizing private citizens to bring civil suits against anyone who"aids or abets" an abortion.
Meanwhile, the Supreme Court has agreed to hear a case this term from Mississippi, Dobbs v. Jackson Women's Health Organization, challenging another pre-viability ban. The state of Mississippi"The Supreme Court's decision not to decide with regard to the Texas abortion law signals quite strongly, I think, the outcome on the Mississippi 15-week ban on abortion," Sepper said.
But the Supreme Court balance has changed since 2018 with former President Donald Trump's appointments, who have voted more conservatively. Roberts joined Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan in dissenting on the Texas law, but his vote did not make theirs the majority opinion."Justice Roberts is no longer the swing vote," Smith said."I don't think there is a swing vote.
While the door has arguably been opened for state lawmakers to ban abortion, some argue they may not want to because of potential political repercussions., so lawmakers could face backlash from voters if they actually ban it.
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