Today, the Supreme Court of the United States (SCOTUS) is hearing oral arguments for two cases surrounding S.B. 8, a Texas law that took effect in September that outlaws abortion after fetal heartbeat detection. On Dec. 1, the Court will hear oral arguments for Dobbs vs. Jackson Women's Health Organization, which pertains to a 15-week abortion ban in Mississippi. In a brief filed for Dobbs by Mississippi Attorney General Lynn Fitch, she wrote to SCOTUS that they should overturn landmark cases that gave women the right to an abortion.
"Roe and [Planned Parenthood v. Casey] are egregiously wrong. The conclusion that abortion is a constitutional right has no basis in text, structure, history, or tradition," Fitch said in the brief. "So the question becomes whether this Court should overrule those decisions. It should."
With Dobbs on the horizon, it is possible that Roe will be overturned. Late last week, Axios published a breakdown of what abortion laws would look like state-by-state if Roe were overturned in the coming weeks.
If Roe were overturned, abortion would be outlawed immediately in twelve states; Arkansas, Idaho, Kentucky, Louisiana, Missouri, Mississippi, North North Dakota, Oklahoma, South Dakota, Tennessee, Texas, and Utah. According to the report, Oklahoma is the latest state to implement a "trigger law," which means an abortion ban would occur automatically if SCOTUS overturns its precedents.
On the other hand, several states have "codified" the precedents set by Roe or have enacted laws that would automatically keep abortion legal if it is overturned. States where abortion rights are "codified" include California, Connecticut, Delaware, Hawaii, Illinois, Maryland, Maine, Massachusetts, Nevada, New Mexico, New York, Oregon, Rhode Island, Vermont, Washington, and Washington, D.C.
On the other hand, other states have amended their constitutions to not guarantee a right to abortion. Four states, including Alabama and West Virginia, are examples of this. Constituents in Kansas and Kentucky will vote on implementing a similar amendment in their states' constitutions in the 2022 elections.
Currently, Democrats are pushing the Women's Health Protection Act (WHPA), legislation that would "codify" Roe into federal law, undermining state laws like S.B. 8 that curb abortion access.
