The current right to an abortion rests mainly on two cases: Planned Parenthood v. Casey, a 5-4 decision in 1992 that found states could not enact laws that are an “undue burden” on the right to an abortion, including bans before viability of the fetus, and the landmark 1973 decision Roe v. Wade, which first established the right to an abortion.
The divide on Capitol Hill is as partisan as it is longstanding. In briefs, a combined 231 Republican members of Congress urged the Supreme Court to overturn Roe and Casey, while 236 Democratic members of Congress, as well as the Biden administration, urged the opposite.
The Mississippi case appears poised to spark division no matter how it is decided. Carrie Severino, a former clerk for Justice Clarence Thomas, said that any ruling in the case would cause a huge explosion in American culture but that there is little space for compromise in the case.
“I don’t think anyone has come up with a clear explanation to me of how, under existing Supreme Court precedent, you could possibly have a 15-week abortion ban surviving” judicial review, Severino, chief counsel and policy director at the Judicial Crisis Network, said last week at a Federalist Society panel discussion on the court’s new term.
In the other major case, set for oral argument in November, a gun rights group is appealing a ruling that upheld New York’s process that denies the vast majority of concealed carry permit applications. In Congress, Democratic efforts on gun control — in the wake of a series of mass shootings at schools, concerts and grocery stores — have run into a Republican roadblock in the Senate.
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September 28, 2021 at 04:02PM
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Supreme Court at crossroads in term with abortion and gun cases - Roll Call
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