In 2018, Mississippi enacted a law prohibiting nearly all abortions after fifteen weeks of pregnancy. This law explicitly conflicts with the core holdings of the Supreme Court in Roe v. Wade and Planned Parenthood v. Casey, which render pre-viability abortion restrictions unconstitutional. After the Mississippi law was challenged by abortion providers, Mississippi explicitly asked the Supreme Court to overrule Roe and Casey and thereby to eliminate any constitutional protections for a woman’s right to choose to obtain an abortion.
Americans United, joined by several other organizations, filed an amicus brief explaining that constitutional protections for abortion, and the secular viability standard at the core of Roe and Casey, are consistent with founding-era concerns about avoiding sectarian strife by having government remain neutral on religious disputes. Only a standard based on biology, like the viability line, properly respects the religious pluralism and social stability on which our nation depends.
A decision is expected in spring or summer of 2022.