Supreme Court justices lean toward abortion restrictions

Amber CoakleyDecember 2, 2021

Mississippi Attorney General Lynn Fitch, center right, accompanied by Mississippi Solicitor General Scott Stewart, center left, waves to supporters as they walk out of of the U.S. Supreme Court, Wednesday, Dec. 1, 2021, in Washington, after the court heard arguments in a case from Mississippi, where a 2018 law would ban abortions after 15 weeks of pregnancy, well before viability. (AP Photo/Andrew Harnik)

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UPDATED 10:43 AM PT – Thursday, December 2, 2021

The Supreme Court heard its biggest case in a generation. On Wednesday, the high court heard oral arguments, which centered around a 2018 Mississippi law that restricts most abortions after 15-weeks The Solicitor General of Mississippi, Scott Stewart kicked, off the hearing by urging the justices to uphold his state’s law.

Scott Stewart, Mississippi Solicitor General, did a truly phenomenal job arguing before the Supreme Court on behalf of Mississippi’s abortion law. Well done.

— Kayleigh McEnany (@kayleighmcenany) December 1, 2021

The big question of this case is whether the right to abortion can be found in the Constitution. Moving forward, Justice Clarence Thomas questioned officials like U.S. Solicitor General Elizabeth Prelogar who argued abortion is a right.

“if we were talking about the Second Amendment, I know exactly what we are talking about,” said Thomas. “If we’re talking about the Fourth Amendment, I know what we’re talking about because it’s written. It is there. What specifically is the right here that we are talking about?

Prelogar responding, saying “I think that the court in those other contexts, with respect to those other amendments, has had to articulate what the text means and its bounds of constitutional guarantees.”

According to the U.S. Solicitor General, the right to abortion is implied within the 14th Amendment. Meanwhile, she answered the final question from Justice Thomas who asked if the right specifically is abortion. She responded, saying “the right of a woman, prior to viability, to control whether to continue with a pregnancy, yes.”

Moving on to closing arguments, the Solicitor General of Mississippi concluded with a dire warning about what could happen if the Mississippi abortion law is not upheld.

“We’re running on 50-years of Roe, it is an egregiously wrong decision that has inflicted tremendous damage on our country and will continue to take innumerable human lives unless and until this court overrules it,” Stewart stated. “…Uphold the state’s law.”

According to the Associated Press, the Supreme Court’s conservative majority, including three Trump appointed justices, signaled it will uphold the Mississippi abortion restrictions and may go further to overturn the decision of Roe v. Wade.

Justices are expected to vote within the coming days, but the decision is not likely to be issued until June.