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Fate of Roe v. Wade in the hands of the Supreme Court after spirited arguments

Key updates
Kavanaugh: ‘You have to pick’ between interest of pregnant woman and fetus
Prelogar says the court ‘has never revoked a right’ as ‘fundamental’ as abortion
Alito, questioning the issue of viability, says a fetus ‘has an interest in having a life’
During Supreme Court oral arguments on Dec. 1, Justice Sonia Sotomayor pointedly refuted several arguments supporting a Mississippi anti-abortion law. (Video: The Washington Post)
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Updated December 1, 2021 at 2:29 p.m. EST|Published December 1, 2021 at 7:25 a.m. EST

The Supreme Court on Wednesday signaled that it is on the verge of a major shift in its abortion jurisprudence after hearing nearly two hours of arguments from attorneys for Mississippi, an abortion provider from the state and the Biden administration.

Mississippi Solicitor General Scott G. Stewart said the landmark decisions of Roe v. Wade and Planned Parenthood v. Casey “haunt our country” and “have no home in our history or traditions” as he defended a state law that bans most abortions after the 15th week of pregnancy.

Attorney Julie Rikelman, a lawyer representing an abortion provider that sued, pushed back, saying the Mississippi law would do “profound damage to women’s liberty, equality and the rule of law.” U.S. Solicitor General Elizabeth B. Prelogar, also arguing on behalf of the provider, warned that “the real-world effects of overruling Roe and Casey would be severe and swift,” predicting a wave of new restrictions in many states.

Kavanaugh: ‘You have to pick’ between interest of pregnant woman and fetus
Prelogar says the court ‘has never revoked a right’ as ‘fundamental’ as abortion
Alito, questioning the issue of viability, says a fetus ‘has an interest in having a life’

Here’s what to know:

  • In accepting the Mississippi case, Dobbs v. Jackson Women’s Health Organization, the court said it will decide whether all prohibitions on abortion before viability are unconstitutional.
  • Justice Sonia Sotomayor warned that the court would risk losing legitimacy if it overturned Roe, asking: “Will this institution survive the stench that this creates in the public perception that the Constitution and its reading are just political acts?”
  • Justice Samuel Alito, during a discussion of the issue of viability, emphasized that “the fetus has an interest in having a life.”
  • Past court rulings, public appearances and other public comments by the nine justices give insight into their thinking on abortion and court precedents.
  • The case probably will not be decided for months.
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Here's what to know:

In accepting the Mississippi case, Dobbs v. Jackson Women’s Health Organization, the court said it will decide whether all prohibitions on abortion before viability are unconstitutional.
Justice Sonia Sotomayor warned that the court would risk losing legitimacy if it overturned Roe, asking: “Will this institution survive the stench that this creates in the public perception that the Constitution and its reading are just political acts?”
Justice Samuel Alito, during a discussion of the issue of viability, emphasized that “the fetus has an interest in having a life.”
Past court rulings, public appearances and other public comments by the nine justices give insight into their thinking on abortion and court precedents.
The case probably will not be decided for months.

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Roe v. Wade and abortion access in America

In June 2022 the Supreme Court struck down Roe v. Wade, which for nearly 50 years has protected the right to abortion. Read the full decision here.

What happens now? The legality of abortion is left to individual states. The Post is tracking states where abortion is banned or under threat, as well as Democratic-dominated states that moved to protect abortion rights enshrined in Roe v. Wade.

Abortion pills: Abortion advocates are concerned a Texas judge’s upcoming abortion pill ruling could halt over half the legal abortions carried out nationwide. Here’s how the ruling could impact access to the abortion pill mifepristone.

Post-Roe America: With Roe overturned, women who had secret abortions before Roe v. Wade felt compelled to speak out. Other women, who were and seeking abortions while living in states with strict abortion bans shared also shared their experience with The Post through calls, text messages and other documentation that supported their accounts. Here are photos and stories from across America since the reversal of Roe v. Wade.

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