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Mississippi asks top court to reverse abortion rights ruling

July 23, 2021

The southern US state wants the Supreme Court to reverse the landmark Roe v. Wade ruling — which legalized abortion nationwide — and let states regulate abortion.

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Anti-abortion protesters hold a banner that read "life counts" with an image of a baby in front of the US Supreme Court.
The Supreme Court will hear a case that can undermine the national legal status of abortionImage: Getty Images/AFP/M. Ngan

Mississippi's top prosecutor on Thursday called on the US Supreme Court to overturn the landmark 1973 ruling that granted women a constitutional right to obtain an abortion.

The US top court, with its 6-3 conservative majority, is set to hear the case in its new term.

The ruling, Roe v. Wade, legalized abortion across the US and ended an era in which some states had banned the procedure.

US evangelicals and abortion

What is Mississippi's argument?

The southern US state is one of several Republican-governed states in recent years to seek restrictive abortion laws.

Mississippi Attorney General Lynn Fitch said the Roe v. Wade ruling and a subsequent 1992 decision that affirmed it were both "egregiously wrong."

Fitch, a Republican, argued in papers to be filed with the court that state legislatures should have more room to restrict abortion.

"It is time for the court to set this right and return this political debate to the political branches of government," she said in a statement.

In May, the Supreme Court agreed to take up the Mississippi case. The court is set to hear it in its new term that begins in October. A ruling is expected by the end of June 2022.

Mississippi is seeking to revive its Republican-backed law that bans abortion after 15 weeks of pregnancy —  which is a direct challenge to Roe v. Wade.

What is Roe v. Wade?

The 1973 ruling recognized that a constitutional right to personal privacy protects a woman's ability to obtain an abortion.

In 1992, the Supreme Court reaffirmed Roe v. Wade and prohibited laws that place an "undue burden" on abortion.

Under Roe v. Wade, states could not ban abortion before the viability of the fetus outside the womb — generally between 24 and 28 weeks.

fb/sri (AP, Reuters)