The Supreme Court heard oral arguments in the Dobbs v. Jackson case, which concerns Mississippi’s law banning most abortions after 15 weeks.
Under current Supreme Court case law, restrictions on abortion before viability have been repeatedly struck down.
During oral arguments, a majority of justices on the current court seemed willing to jettison the viability standard. Justice Kavanaugh asked U.S. Solicitor General Elizabeth Prelogar, who was defending Roe: “When you have those two interests at stake and both are important, as you acknowledge, why not — why should this Court be the arbiter rather than Congress, the state legislatures, state supreme courts, the people being able to resolve this?”