(CNN) – The Supreme Court will hear a case over an abortion law in Mississippi on Dec. 1, the court said on Monday, registering one of the most important cases of the period in which judges are asked to overturn Roe v. Wade.
Mississippi’s Gestational Age Act, passed in 2018 but blocked by two federal courts, allows abortion after 15 weeks “only in a medical emergency or for a serious fetal abnormality” and has no exception for rape or incest. If doctors perform abortions outside the parameters of the law, their medical licenses will be suspended or revoked and may be subject to additional penalties and fines.
Roe v. Wade is the landmark 1973 Supreme Court ruling legalizing abortion nationwide before viability, which can occur at around 24 weeks of pregnancy.
In a brief filed in July, Mississippi Attorney General Lynn Fitch, a Republican, argued that Roe v. Wade was “extremely wrong” and should be quashed.
“The conclusion that abortion is a constitutional right has no basis in text, structure, history or tradition,” Fitch told the judges.
Fitch said the arguments for overthrowing Roe were “overwhelming.”
The Mississippi case – the most significant set of oral abortion-related arguments the court has heard since 1992 – comes as states across the country, emboldened by the Tory majority and the addition of Justice Amy Coney Barrett in the High Court, are becoming more and more restrictive. abortion-related regulations, hoping to restrict constitutional law first established in 1973 to Roe and reaffirmed in 1992 when the court handed down Planned Parenthood v. Casey.
The judges deliberated for months on whether to resume the Mississippi dispute, finally announcing their decision last spring and sending shockwaves through groups supporting abortion rights, who fear the conservative majority – reinforced by three of those appointed by former President Donald Trump – does not look back for long. established constitutional protections for access to abortion.
A district court blocked the law in a decision upheld by a federal appeals court.
“In an unbroken line dating back to Roe v. Wade, the Supreme Court’s abortion cases established (and confirmed and reaffirmed) a woman’s right to choose an abortion before viability,” a panel of judges from the 5th United States Court of Appeals. said in December 2019. “States can regulate abortion procedures before viability as long as they do not ban abortions,” the court said and concluded that “the law at issue is a ban.”