The U.S. Supreme Court appears likely to overturn Roe v. Wade or “effectively” overturn it, legal experts said on Wednesday after the court heard oral arguments on Mississippi’s 15-week abortion ban. The much-anticipated court case, Dobbs v. Jackson Women’s Health Organization, went before the court Wednesday for a two-hour oral argument. The state of Mississippi banned abortion at 15 weeks in 2019 and asked the court specifically to overturn the 1973 landmark decision. Ellie Rushforth, an attorney with the American Civil Liberties Union of New Mexico, said that, after listening to the court Wednesday morning, it seemed clear that the justices, “regardless of the arguments presented by the attorneys today are pretty well settled in their minds on this issue.”
Six of the nine justices are conservative and several have spoken explicitly or made previous rulings indicating that they oppose abortion. “It was pretty clear by the questions the justices asked and the way they were talking to one another that we don’t have the size necessary to uphold Roe as it stands today,” Rushforth said.
This fall, the U.S. Supreme Court is hearing oral arguments on anti-abortion bans that some say could have the potential to impact LGBTQ+ constitutional rights. The Supreme Court heard oral arguments earlier this month for two cases filed over Texas SB 8, which prohibits abortion at six weeks. On December 1, the Supreme Court will hear another case, Dobbs v. Jackson Women’s Health Organization, over the right of Mississippi to ban abortion at 15 weeks. Many rights that involve bodily autonomy, such as the right to contraception, the right to abortion and the right for same sex couples to marry, rest on the Supreme Court’s interpretation of the 5th and 14th amendments. “In the due process clauses of the 5th and 14th amendments there’s this protection of process when the government deprives us of life, liberty and property.
The U.S. Supreme Court heard oral arguments Monday morning for two cases related to the Texas law that bans abortion at six-weeks of gestation. The arguments presented procedural questions about whether or not a group of providers and advocates called Whole Women’s Health Coalition and the U.S. Department of Justice can bring separate lawsuits because the only state actors involved in SB 8 are state court judges and clerks. Texas lawmakers wrote the law in such a way as to abrogate responsibility for the law, leaving Whole Women’s Health Coalition in the position of needing to sue each state trial court judge and an injunction against every county clerk in the state of Texas. The DOJ is suing the state of Texas. If the court rules in either case in favor of either Whole Women’s Health Coalition or the DOJ, the case would go back to the lower court and allow the plaintiff’s legal challenge to the law proceed.
When Carissa McGee was 16 years old, she was sentenced to 21 years in an adult correctional facility for stabbing two members of her family. McGee told NM Political Report she was mentally ill at the time, but the judge still sentenced her to more than two decades in prison. “I experienced my ultimate low. I was sentenced at 16 years old. I didn’t know what 21 years would feel like,” McGee said.
With more than 500 pieces of anti-abortion legislation under consideration in state legislatures around the country, New Mexico’s passage of SB 10, which decriminalized abortion, bucked the nationwide trend. Only one other state passed abortion rights legislation this year. Because the U.S. Supreme Court is expected to consider and rule on an unconstitutional abortion ban in the next few years, Planned Parenthood of the Rocky Mountains President and Chief Executive Officer Vicki Cowart called the passage and signing of New Mexico’s bill to repeal an abortion ban “critical,” and a “key to protecting reproductive rights.”
Related: Governor signs bill repealing abortion ban into law: ‘a woman has the right to make decisions about her own body’
Cowart told NM Political Report by email that this year, Virginia is the only other state that has passed a bill expanding abortion access in 2021. But since the beginning of the year, 12 states have passed anti-abortion legislation, according to a Planned Parenthood report. There are a few other states with pro-reproductive legislation under consideration, Robin Marty, author of “Handbook for a Post-Roe America” and “The End of Roe v. Wade,” said.
The U.S. Supreme Court heard oral arguments Tuesday over Texas v. California, in which the state of Texas argued that the entire Affordable Care Act should be rendered unconstitutional. This is not the first time the Supreme Court has heard cases brought against the ACA. But it is the first case against the ACA with three Trump Administration appointees: Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. Barrett, the most junior justice, has been openly critical of the ACA in her legal writings. President-elect Joe Biden spoke after the hearings, calling the case “cruel and needlessly divisive.”
Texas brought the case arguing that more Texas residents have applied for Medicaid due to the ACA.
If the U.S. Supreme Court overturns the Affordable Care Act during the 2020-2021 judicial term, the result for New Mexicans could be catastrophic, according to various officials and experts. The Supreme Court is scheduled to hear California v. Texas on November 10. If Judge Amy Coney Barrett is confirmed by the U.S. Senate on Monday, as is expected, this will be among the first cases she will hear as a Supreme Court justice. If she is confirmed, she will create a new 6-3 conservative bloc on the court bench which could lead to a ruling that the entire ACA is unconstitutional. If this happens, 20 million Americans could lose health insurance coverage, according to a report by the Urban Institute, a Washington, D.C.-based think tank.
New Mexico women who need contraception are likely safe for now despite the U.S. Supreme Court’s 7-2 decision which will allow private companies to opt out of providing insurance coverage for it, according to the American Civil Liberties Union of New Mexico. A recent law passed in New Mexico enables women in the state to continue contraceptive coverage despite the court’s decision which now enables private companies to deny contraception coverage by citing moral or religious objections. But, Ellie Rushforth, reproductive rights attorney for the ACLU-NM warned, the future is uncertain. “It doesn’t mean we’re fully insulated from future issues related to this,” she said. The Supreme Court overturned a lower court’s decision on Wednesday in the case, Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania.
The U.S. Supreme Court ruled in favor of abortion rights Monday and struck down a Louisiana law in June Medical Services LLC v. Russo, but the “win” could be short-lived, say abortion rights advocates. The 5-4 decision brought an end to the legal battle over whether Louisiana’s 2014 law, that forced abortion providers in that state to obtain admitting privileges to a hospital within 30 miles of the clinic, is constitutional. The court, through Justice Stephen Breyer’s opinion, noted that the Louisiana law poses a “substantial obstacle,” to women seeking abortion, offered no significant health-related benefits nor showed evidence of how the law would improve the health and safety of women. But, Chief Justice John Roberts, who sided with the more liberal wing of the court, wrote a concurrence in which he made clear he only voted in favor of June Medical Services because of precedent. The court decided an almost identical case involving a Texas Law four years ago with Whole Women’s Health v. Hellerstedt.
The U.S. Supreme Court is expected to make major reproductive health care decisions early next week. Monday and Tuesday will be the final two days this term that the justices will issue opinions, according to the Supreme Court’s blog. Historically, the court has handed down decisions on abortion on the last day of the session, Nancy Northup, executive director of the Center for Reproductive Rights said last month. But in this case, the court has two reproductive health care decisions to rule upon in the final days of the session. The two cases are June Medical Services LLC v. Russo and Trump v. Pennsylvania.