Episode description

In 2018, Mississippi passed a law called the “Gestational Age Act,”  which prohibits all abortions, with few exceptions, after 15 weeks’  gestational age. Jackson Women’s Health Organization, the only licensed  abortion facility in Mississippi, and one of its doctors filed a lawsuit  in federal district court challenging the law and requesting an  emergency temporary restraining order (TRO). After a hearing, the  district court granted the TRO while the litigation proceeded to  discovery. After discovery, the district court granted the clinic’s  motion for summary judgment and enjoined Mississippi from enforcing the  law, finding that the state had not provided evidence that a fetus would  be viable at 15 weeks, and Supreme Court precedent prohibits states  from banning abortions prior to viability. The U.S. Court of Appeals for  the Fifth Circuit affirmed.

The case was decided on June 24, 2022. The Court held that The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives. Justice Alito delivered the opinion of the Court, in which Justices Thomas, Gorsuch, Kavanaugh, and Barrett joined. Justice Thomas and Justice Kavanaugh filed concurring opinions. Chief Justice Roberts  filed an opinion concurring in the judgment. Justices Breyer, Sotomayor, and Kagan filed a dissenting opinion.

Credit: Oyez, LII Supreme Court Resources, Justia Supreme Court Center, available at: https://www.oyez.org/cases/2021/19-1392.