Roe v. Wade is back in court. This landmark 1973 ruling that declared a nationwide right to abortion, is facing its most serious challenge in 30 years in front of a court with a 6-3 conservative majority that has been remade by three appointees of President Donald Trump.
“There are no half measures here,” said Sherif Girgis, a Notre Dame law professor who once served as a law clerk for Justice Samuel Alito.
The justices can either reaffirm the constitutional right to an abortion or wipe it away altogether.
A ruling that overturned Roe and the 1992 case of Planned Parenthood v. Casey would lead to outright bans or severe restrictions on abortion in 26 states, according to the Guttmacher Institute, a research organization that supports abortion rights.
The case being argued Wednesday comes from Mississippi, where a 2018 law would ban abortions after 15 weeks of pregnancy, well before viability. The Supreme Court has never allowed states to ban abortion before the point at roughly 24 weeks when a fetus can survive outside the womb.
Lower courts blocked the Mississippi law, as they have other abortion bans that employ traditional enforcement methods by state and local officials. Mississippi is one of 12 states ready to act almost immediately if Roe is overturned.