Dobbs v. Jackson Women`s Health Organization is a case that was a legal challenge to the Mississippi Gestational Age Act of 2018, which banned abortions after 15 weeks, with exceptions only for medical emergencies or fetal abnormalities. Federal courts had ordered the state to enforce the law after the state`s only abortion clinic, the Jackson Women`s Health Organization, filed a lawsuit immediately after it was passed; The federal courts found that the law violated the previously established 24-week viability point. Mississippi asked the Supreme Court to hear the case on June 15, 2020, and the court upheld the motion on May 17, 2021, limited to “whether all prohibitions on the presumption of elective abortions are unconstitutional.”  The Court decided not to take up two other questions that Mississippi wished to ask the Court.  The bill, “HB 4327,” is among the strictest in the country with respect to abortion and is a clear rebuke of the protection that legalized abortion nationwide in Roe v. Wade of 1973. A coalition of abortion providers and abortion rights advocates said Wednesday night that they would challenge the law, which comes into effect immediately, in court and try to block it. Pro-life advocate Matt Bruenig, a lawyer and founder of the People`s Policy Project, criticized Roe as “weaker than normal,” observing that equally broad interpretations of the Constitution could be used to argue the opposite outcome, saying, “Right now, we have a constitutional right to abortion — you could also constitutionally prohibit abortion. If you wanted to, someone could take a case, file it in district court, press the appeal button twice, and then if you put together five judges, the opinion would be the easiest thing in the world to write. They would say, “The Fourteenth Amendment protects the right to life, liberty, and property without due process and all this. So we look at this, and we think abortion takes a lifetime, and so we think states can`t actually allow abortion.
So you could constitutionally ban it and say that no state or federal government can legalize abortion.  Justice Scalia`s dissent asserted that abortion is not a constitutionally protected freedom, for the same reason that bigamy was not protected: because the Constitution does not mention it and because long-standing traditions have allowed it to be prohibited by law.  He also asked: Simply put, section 861 prohibits short-term abortion, and Senate Bill 612, which was passed this year, will become the main prohibition once the law comes into effect on August 25, 2022. Until then, civil penalties could likely be obtained throughout the pregnancy under House Bill 4327, which includes exceptions for rape and incest and came into effect on May 25, 2022. After the court considered the issue of the issue and reputation, it moved on to the main issue of the case: the constitutionality of Texas`s abortion law. The court first examined the status of abortion throughout the legal history of Roman law and Anglo-American common law.  He also studied the development of medical procedures and technologies used in abortions.  After the first oral argument session, Burger assigned Blackmun the task of drafting the court notices for Roe and Doe.  Douglas suggested to Blackmun that Burger attribute the opinions to him out of malicious intent, but Blackmun disagreed. He knew that the hamburger could not write it himself because abortion was too controversial and his views could be rejected by the majority. He also understood why other judges could not be asked to write the opinions: Douglas was too liberal for the public to accept his word.
Similarly, he could split the court`s vote by writing something radical. Moreover, the quality of his opinions has recently suffered. Brennan was the only Catholic on court, and he had to deal with Catholic political groups that opposed abortion. If Marshall were to write the opinions, the verdict would be seen as directed against African Americans, and he would have to face the discontent of African-American political groups. Stewart would struggle to go far enough in legalizing abortion.  All abortions after about six weeks of pregnancy were already banned in Oklahoma under SB 1503 — another citizen-imposed abortion ban signed by Governor Stitt earlier this month. The plaintiffs will request that their challenge to HB 4327 be included in the plaintiffs` existing case against S.B. 1503, which is currently pending in the Oklahoma Supreme Court. The plaintiffs are still awaiting a court decision on whether SB 1503 will be blocked. While federal challenges to the similar ban in Texas have failed to block the law, there is an important precedent in Oklahoma state court that supports the plaintiffs` arguments for a remedy that prevents those bans from remaining in effect.
On June 24, 2022, the Supreme Court ruled 6-3 to uphold Mississippi`s gestational age law and 5-4 to overturn Roe and Casey. Similar to the leaked draft opinion, the court`s statement, drafted by Judge Alito, said Roe was “outrageously wrong from the beginning” and that his reasoning was “exceptionally weak.” He also said that Roe had “sparked debate and deepened division” and that overcoming it “would return the issue of abortion to the elected representatives of the people.”  The majority opinion was based on a constitutional view of the abortion law, saying, “The Constitution does not mention abortion, and no such right is implicitly protected by a constitutional provision.”  The reason for this was that “abortion could not be constitutionally protected. Until the second half of the 20th century, such a right was completely unknown in American law.