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5 takeaways from the landmark abortion hearing in the U.S. Supreme Court

5 takeaways from the landmark abortion hearing in the U.S. Supreme Court

CBC
Thursday, December 02, 2021 01:55:13 AM UTC

One of the most important legal cases in modern U.S. history was heard Wednesday by the Supreme Court.

It involves abortion and this could be the big one. 

The justices will consider limiting abortion access — a longstanding dream for some, and a moment dreaded by others. 

This case is nominally about Mississippi's one remaining abortion clinic, which wants to keep providing abortions into the 16th week of pregnancy, beyond the limit of a new state law.

But it's much bigger than that. 

Dobbs v. Jackson Women's Health could end abortion's status as a constitutional right into the sixth month, before a fetus becomes capable of surviving outside the womb.

Here are five takeaways from that hearing:

It would be a shocker if the court's 6-3 conservative majority did not side, at least in part, against the clinic.

Mississippi's solicitor general opened the hearing saying 1973's Roe v. Wade and 1992's related Planned Parenthood v. Casey cases "haunt" the country. 

"They have no basis in the constitution; they have no home in our history or our traditions. They've damaged the democratic process," said Scott Stewart. 

He argued that past generations of judges overstepped in abortion cases and should have allowed elected officials in the states to set the rules.

He received virtually no pushback from the court's conservatives. In fact, some of their questions gave him openings to make his case.

One legal historian says it's telling that the court decided to hear this case. Mary Ziegler of Florida State University says it didn't have to hear Mississippi's appeal of the lower-court decisions against it.

The Supreme Court "reached out to choose this case," she told CBC's Front Burner podcast, predicting an at-least partial overturning of Roe v. Wade. 

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