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.
Vicki Cowart, president and chief executive officer for Planned Parenthood of the Rocky Mountains, was once thrown out of a business club in Caspar, Wyoming, for being a woman. It was a different time then, one in which job interviewers didn’t hesitate to ask women if they planned to have children and, if so, would they keep working, she said. Now such questions would be considered discriminatory and, potentially, actionable but Cowart, who has been leading PPRM since 2003, said facing repeated discrimination as a young professional, reading feminist literature and participating as an activist in her off time is why the last half of her career has been devoted to ensuring pregnant people have access to abortion in New Mexico, Colorado and Nevada. Cowart announced earlier this fall her plans to retire. She said she intends to continue until the board has found a replacement.
The New Mexico Democratic Congressional delegation signed onto an amicus brief urging the U.S. Supreme Court to uphold Roe v. Wade in the Mississippi abortion case Dobbs v. Jackson Women’s Health Organization. That case will be heard December 1. But the court has traditionally made its ruling on abortion cases at the end of the term in late June or early July. The state of Mississippi, in its case against the sole clinic that provides abortions in that state, has asked the Supreme Court to reconsider Roe v. Wade. Mississippi lawmakers passed an unconstitutional law in 2018 making abortion at 15 weeks gestation illegal in that state.
Dobbs v. Jackson Women’s Health, the U.S. Supreme Court case on Mississippi’s 15-week gestational ban, is not the only reproductive healthcare case that the high court could hear this year, according to Supreme Court watchers. The date for Dobbs v. Jackson Women’s Health has not been set yet but Ellie Rushforth, an attorney for the American Civil Liberties Union of New Mexico, said the court usually doesn’t deliver its opinion on abortion cases until June or July. “Then begins an election,” Rushforth said, indicating the 2022 mid-term races between Republicans and Democrats will begin in earnest. Rushforth said the court will not likely hear oral arguments on Dobbs v. Jackson Women’s Health until December at the earliest. Dobbs v. Jackson Women’s Health has the potential to upend Roe v. Wade.
This week members of Congress introduced legislation into both chambers that would codify Roe v. Wade into law if it passes. HR 3755, more commonly known as the Women’s Health Protection Act, would protect a person’s ability to terminate a pregnancy and would protect a provider’s ability to provide abortion services. Reproductive healthcare advocates believe the bill, which has been introduced by members of Congress, has greater urgency this year because of Dobbs v. Jackson Women’s Health Organization, the Mississippi case the U.S. Supreme Court plans to hear next year. Related: The future of reproductive healthcare in NM if Roe v. Wade is overturned
Dobbs v. Jackson Women’s Health Organization, which challenges Mississippi’s unconstitutional 15-week abortion gestational ban, will be the first test of Roe v. Wade with the new 6-3 conservative majority on the Supreme Court bench. Many in the reproductive healthcare community believe Roe v. Wade could be overturned or become a law in name only as a result. The Supreme Court is expected to decide on Dobbs v. Jackson Women’s Health Organization in 2022.
If the U.S. Supreme Court overturns or guts Roe v. Wade next year when it hears the case involving a Mississippi law that would ban abortion after 15 weeks, New Mexico could face a fight and increased harassment at clinics, according to reproductive rights experts. The U.S. Supreme Court announced earlier this week it will hear Dobbs v. Jackson Women’s Health Organization, regarding the Mississippi law that prohibits abortion after 15 weeks with few exceptions. The state of Mississippi asked the court to decide on whether all pre-viability bans on abortion violate the Constitution. The court’s decision is expected to come down in 2022 before the mid-term general election. New Mexico, which was one of very few states to pass pro-abortion rights legislation this year, will feel the effects of the Supreme Court’s decision regardless of how the court decides the Mississippi case, according to reproductive health advocates.
Senate Bill 10, which would repeal the 1969 abortion ban on state law books, passed the Senate Health and Public Affairs Committee 5-3 Monday. The vote fell along party lines with the three Republican state Senators voting against and the five Democrats on the committee voting in favor. After a two hour wait due to technical difficulties, the committee hearing ran for nearly 2.5 hours due to the length of the debate on the issue. Members of the public for both sides gave impassioned speeches both for and against. “(The bill) makes sure that women, in collaboration with their provider and families, can make decisions for themselves.