The Supreme Court agreed on Monday, for the first time under its new 6-3 conservative majority, to hear an abortion case, potentially threatening the long-standing 1973 Roe v. Wade decision that legalized aborting a fetus until 24 weeks, generally considered to be the stage of viability.
The decision has already reignited one of the most contentious cultural and moral issues in America today.
The case specifically challenges Mississippi’s ban on abortion after 15 weeks of pregnancy. Both sides are projecting at least a partial erosion of abortion rights, given the court’s conservative majority.
Frank Pavone of Priests for Life told the Washington Examiner, “If you study the history of Roe v. Wade … you will see how arbitrary it was that viability … was introduced … It was inserted rather superficially and arbitrarily … the Supreme Court ignored the science involved and most certainly the morality.”
But trying to project a justice’s thinking, even the three recent Trump appointees, all vetted by anti-abortion interest groups, is a risky business. They generally pride themselves on independence and place great emphasis on precedence.
It is, however, not risky to project the political implications of the high court taking up this case. The justices will hear arguments next fall, with a decision expected in June 2022, just as the midterm congressional races are heating up, ensuring the decision could play a vital role in determining which party controls Congress.