Supreme Court & Abortion: Mississippi Case Could Topple Roe v. Wade

In May, the Supreme Court agreed to hear Dobbs v. Jackson Women’s Health Organization, the biggest case concerning abortion regulations to come before the justices in three decades. The last time the Court had such a significant opportunity to revisit its holding in Roe v. Wade was the 1992 case Planned Parenthood v. Casey, in which a majority affirmed Roe and created a new “undue burden” standard for reviewing state-level abortion restrictions.

The Court has yet to schedule oral arguments in Dobbs, but a ruling is expected late next summer, at the end of the coming term. The case, which concerns a Mississippi law that prohibits abortion after 15 weeks’ gestation, is the Court’s first chance since Casey to reconsider its flawed abortion jurisprudence: In agreeing to hear the case, the justices said they would consider “whether all pre-viability prohibitions on elective abortions are unconstitutional.”

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Alexandra DeSanctis

Alexandra DeSanctis is a contributing writer at National Review.

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In May, the Supreme Court agreed to hear Dobbs v. Jackson Women’s Health Organization, the biggest case concerning abortion regulations to come before the justices in three decades. The last time the Court had such a significant opportunity to revisit its holding in Roe v. Wade was the 1992 case Planned Parenthood v. Casey, in which a majority affirmed Roe and created a new “undue burden” standard for reviewing state-level abortion restrictions.

The Court has yet to schedule oral arguments in Dobbs, but a ruling is expected late next summer, at the end of the coming term. The case, which concerns a Mississippi law that prohibits abortion after 15 weeks’ gestation, is the Court’s first chance since Casey to reconsider its flawed abortion jurisprudence: In agreeing to hear the case, the justices said they would consider “whether all pre-viability prohibitions on elective abortions are unconstitutional.”