US Supreme Court to hear major abortion case

The US Supreme Court is set to hear a major abortion case that will give the justices an opportunity to reconsider the precedent set by the landmark Roe v. Wade and Planned Parenthood v. Casey decisions.

The Court on Monday announced it would examine a Mississippi law passed in 2018 that bans abortions after 15 weeks with limited exceptions.

The law was blocked by the 5th U.S. Circuit Court of Appeals as under existing precedent, states may not ban abortions before foetal viability, which is typically around 22 weeks or later.

The Justices agreed to hear only one of three parts of an appeal—whether all pre-viability restrictions on abortion are unconstitutional—setting aside two broader questions.

However, legal analyst Ed Whelan said the Court certainly did not foreclose itself from determining wider issues such as what standard of review applies to Mississippi’s law—whether the validity of a pre-viability law “should be analyzed under an ‘undue burden’ standard or a ‘balancing of benefits and burdens’”.

“Indeed, it’s difficult to see how the Court could decide the case without addressing that threshold issue,” he said.