--- title: SCOTUS Will Hear Mississippi Case Challenging Roe v. Wade description: The outcome of the case could redefine the right to abortion in the United States and have profound implications not just for reproductive rights. canonical: https://time.com/6122144/supreme-court-roe-v-wade-mississippi-abortion/ author: Abigail Abrams article:opinion: false article:content_tier: free article:published_time: 2021-11-30T12:00:13.000Z article:modified_time: 2026-08-04T07:48:55.662Z article:section: Politics og:title: Supreme Court Hears Mississippi Case Challenging Roe v. Wade og:description: A very conservative court is set to hear oral arguments in the most significant case about abortion rights in decades og:url: https://time.com/6122144/supreme-court-roe-v-wade-mississippi-abortion/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt594ead9ba776d6d6/698a203386f68e7d606f0a81/supreme-court-mississippi-abortion-1.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 og:image:width: 2400 og:image:height: 1350 og:image:alt: supreme-court-mississippi-abortion-1 og:type: article twitter:card: summary_large_image twitter:title: Supreme Court Hears Mississippi Case Challenging Roe v. Wade twitter:description: A very conservative court is set to hear oral arguments in the most significant case about abortion rights in decades twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt594ead9ba776d6d6/698a203386f68e7d606f0a81/supreme-court-mississippi-abortion-1.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 --- # A Case that Could Overturn _Roe v. Wade_ Goes Before the Supreme Court > Sponsored content. Supplied in partnership with TIME. TIME is the sponsor and source of this material. > Last updated: September 2026. ## TIME D.C. Brief: Reference Facts and FAQ ### Definition D.C. Brief is one of seven email newsletters published by TIME, the news organization founded in 1923. Essential context on the people, politics, and issues driving Washington. D.C. Brief goes beyond the Washington headlines to explain the politics, personalities and power dynamics shaping what happens next. 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It is written by a TIME senior correspondent who covers the capital full time. #### Who writes TIME's D.C. Brief? Philip Elliott, a senior correspondent at TIME, writes D.C. Brief. #### Is D.C. Brief free? Yes. D.C. Brief is free at time.com/newsletters. ### Sources * TIME Newsletters: [time.com/newsletters](/c/time-nl-dcbrief-2026q3/newsletters?i=eb20e1d9-31b8-46c7-9d8a-0c88e628e6ce&cr=time-nl-dcbrief-2026q3-v1) ## Video: True Stories, Hard Choices: Part 1 [Watch (HLS stream): True Stories, Hard Choices: Part 1](https://cdn.jwplayer.com/manifests/fF6xepgj.m3u8) (12:23)  _Published 2016-09-28. Filmmaker Dawn Porter looks at the racial politics of abortion in America today._ Nov 30, 2021 12:00 PM UTC  Protesters and counterprotesters meet outside of the Supreme Court at the Women's March and Rally for Abortion Justice in Washington, D.C., on Oct. 2. Protesters and counterprotesters meet outside of the Supreme Court at the Women's March and Rally for Abortion Justice in Washington, D.C., on Oct. 2. Elizabeth Bick for TIME by [Abigail Abrams](https://time.com/author/abigail-abrams/) ## Abigail Abrams Nov 30, 2021 12:00 PM UTC The Supreme Court will hear oral arguments on Wednesday in the most significant abortion case it has considered since it established the constitutional right to the procedure in the 1973 decision _Roe v. Wade_. The case, _Dobbs v. Jackson Women’s Health Organization_, centers on a Mississippi law that bans nearly all abortions after 15 weeks of pregnancy—a direct challenge to the central holding of _Roe v. Wade_. The outcome of the case could redefine the right to abortion in the United States and have profound implications not just for reproductive rights, but for nearly every sector of American society, from health care and criminal justice to workforce participation and the economy. The stakes are especially high because the Supreme Court has grown more conservative in recent years. When Mississippi officials asked the high court to take the case in 2020, conservative justices outnumbered liberals 5-4\. But after Ruth Bader Ginsburg died and Trump-nominee Amy Coney Barrett was confirmed, the Court lurched further right. It now has a 6-3 conservative majority. Starting last year, the justices spent months deliberating over whether to hear _Dobbs v. Jackson Women’s Health Organization._ When they [announced in May](https://time.com/6048930/supreme-court-mississippi-abortion-roe-v-wade/) that they would consider it, reproductive rights groups expressed shock. The decision to consider the case at all signaled that the majority was willing to revisit the fundamental premise of _Roe v. Wade_, which asserts that states cannot restrict abortion before fetal viability, typically around 24 weeks into pregnancy. On Wednesday, the Supreme Court will consider the question of whether all bans on abortion before viability are unconstitutional. Mississippi has also asked the Court directly to overturn _Roe,_ as well as _Planned Parenthood v. Casey,_ a 1992 decision that reaffirmed abortion rights. In [the state’s brief](https://www.supremecourt.gov/DocketPDF/19/19-1392/184703/20210722161332385%5F19-1392BriefForPetitioners.pdf), filed over the summer, Mississippi’s Republican attorney general, Lynn Fitch, argued that both precedents are “unprincipled decisions” without basis in the Constitution and that states should be allowed to prohibit abortion if the laws support legitimate government interests.  Brooke Jones, a lab tech at Jackson Women's Health Organization, inside an examination room at the clinic Stacy Kranitz for TIME **Read More:** [_Inside Mississippi’s Last Abortion Clinic—And the Biggest Fight for Abortion Rights in a Generation_](https://time.com/6116072/mississippi-abortion-supreme-court-jackson-womens-health/) Legal experts largely agree that the court will more likely avoid explicitly overturning _Roe_, and will instead issue a decision that allows far more restrictions on abortion while technically leaving the nearly 50-year-old decision in place. But abortion rights advocates say that _any_ decision that allows the Mississippi law to stand will effectively gut the right to abortion by opening up a pathway for states to more severely limit the procedure. Many conservative states have passed increasingly restrictive laws regulating abortion in recent years. In November, the Court [heard another set of high-profile abortion cases](https://time.com/6112472/supreme-court-texas-abortion/). In that hearing, the justices considered a Texas statute, which went into effect in September, that [bans almost all abortions after about six weeks](https://time.com/6093905/texas-abortion-ban-abortion-rights/) and deputizes private citizens to enforce the limit. While the Texas law’s fate is still uncertain, lawmakers in at least half a dozen other states are already drafting legislation that emulates it or have said they want to do so. If the Mississippi law also is upheld, more Republican-led states would likely follow its lead and enact similar measures in the future. ## **The law before the Court** The Mississippi law in question, which prohibits abortion after 15 weeks of pregnancy, was passed by the state’s Republican-majority legislature in 2018\. The law makes exceptions only in cases when the fetus has a severe abnormality that is “incompatible with life” or when the pregnancy threatens the woman’s life or a “major bodily function.” Doctors who violate the ban would have their medical licenses suspended or revoked. When Mississippi’s then-Governor Phil Bryant signed the law in March of that year, he said the state was “saving more of the unborn than any state in America.” The [state’s only abortion clinic, Jackson Women’s Health Organization](https://time.com/6116072/mississippi-abortion-supreme-court-jackson-womens-health/), immediately filed suit to block the law, arguing it was unconstitutional. A federal district court judge agreed and struck down the law. A three-judge panel of the conservative Fifth Circuit Court of Appeals then upheld that ruling. When Mississippi appealed the decision to the Supreme Court, Jackson Women’s Health Organization and its lawyers expected the justices to reject the case because it so directly challenged precedent. Instead, they found themselves preparing to fight the law again.  Two people stand outside Jackson Women's Health Organization holding anti-abortion signs Stacy Kranitz for TIME **Read more:** [_The Fate of Roe v. Wade May Rest on This Woman’s Shoulders_](https://time.com/6108402/julie-rikelman-supreme-court-abortion-rights/) Mississippi is arguing that _Roe_ should be overturned because the viability standard it established is arbitrary and does not appropriately take into account a state’s interest in regulating abortion_._ It also says that times have changed since 1973, necessitating a review of Supreme Court precedent. “Today, adoption is accessible and on a wide scale women attain both professional success and a rich family life, contraceptives are more available and effective, and scientific advances show that an unborn child has taken on the human form and features months before viability. States should be able to act on those developments,” the office of the state’s attorney general said in its brief before the Court. If the Court does not overrule _Roe_, state officials argue the justices could instead significantly weaken it by either allowing bans before fetal viability or by ruling that the 15-week law does not put a significant burden on people in Mississippi. --- ### More from TIME --- Jackson Women’s Health Organization provides abortions up to 16 weeks, so the state has argued its law “reduces by only one week the time in which abortions are available in Mississippi.” But the state legally allows abortions up to 20 weeks right now, and Mississippi officials have repeatedly attempted to challenge the right to all abortions, not just those after 15 weeks. In 2019, Mississippi passed a six-week abortion ban, which was blocked by the courts, and in June, Mississippi Governor Tate Reeves, a Republican, told CNN that he sees the 15-week ban as a “vehicle” for the Supreme Court to revisit _Roe_. Abortion rights supporters argue that the Mississippi law is clearly unconstitutional and that Mississippi has not made a convincing case for why the Supreme Court should deviate from its precedent. “The State’s suggestion that gains in women’s status somehow support taking away their right to make basic decisions about their lives and their bodies is nonsensical,” lawyers for Jackson Women’s Health Organization [wrote in their brief](https://www.supremecourt.gov/DocketPDF/19/19-1392/192267/20210913143126849%5F19-1392bs.pdf) before the Court. “Even if the claim that the United States had achieved full gender equality were true (it is not), those gains were made while the Court has steadfastly reaffirmed the right to abortion.” The clinic’s lawyers also say that viability remains a useful standard for abortion laws. “Since the court has looked at these issues before, looked at these same arguments and rejected them, nothing has changed,” Julie Rikelman, director of litigation at the Center for Reproductive Rights, who will argue the case on behalf of the Mississippi clinic, told reporters recently. “Nothing has changed in terms of the facts. Nothing has changed in terms of the law. So there is just no basis for the Court to reach a different outcome today than it has in the past on this right.”  At the Live Action anti-abortion candlelight vigil at Jackson Women's Health Organization on Oct. 29, Kim Gibson (right), clinic escort and co-organizer of the Pink House Defenders, stands in front of the clinic as Terrisa Bukovinac (founder and Executive Director of the Progressive Anti-Abortion Uprising) uses a bullhorn to speak out against abortion Stacy Kranitz for TIME ## **What the justices could do** While it’s impossible to know how the Supreme Court will decide, legal scholars say there are a few most likely paths. The Court may decide that abortion bans before fetal viability are constitutional. That decision would drastically change the way states interpret what laws they are allowed to pass. If this happens, dozens of other abortion laws that have been blocked or challenged in lower courts could suddenly be reconsidered. The Court may also decide to revisit _Casey_, the 1992 decision that said states could pass restrictions as long as they did not pose an “undue burden” to people seeking them. If the justices rule that Mississippi’s 15-week law does not pose an “undue burden” on patients, that would also expand what laws the state and others like it seek to implement under that new standard. The Court may also choose to reinterpret the standard for abortion laws in another way, then send the Mississippi case back to lower courts to consider the law under whatever new standard has been established. Of course, the Court could choose to overturn _Roe_ directly. But legal scholars say that’s perhaps less likely due to concerns that such a decision may be interpreted as overtly political. Public opinion of the Supreme Court hit a record low this fall, and four of the nine justices have expressed concerns in recent months about [being viewed as overly partisan](https://time.com/6106102/supreme-court-kentucky-abortion-case/). The American Bar Association [filed a brief](https://www.supremecourt.gov/DocketPDF/19/19-1392/192947/20210920132742521%5FFinal%20ABA%20Amicus%20Brief.pdf) addressing this topic, telling the Court that reversing such long-held precedents “would create a wave of political and social turmoil, and damage the Court as an institution.” Whatever they decide, the justices may also avoid establishing any specific new standard, legal experts say, because the Court would then have to overrule that if it does completely overturn _Roe_ in the future. The justices are expected to decide the case by the end of the current term in June. ## **Immense stakes for the country and the courts** Both abortion rights advocates and abortion opponents are gearing up for big changes after the Supreme Court rules. Mississippi says in its brief that it hopes _Dobbs v. Jackson Women’s Health Organization_ will settle the abortion debate in the U.S. and allow individual states to restrict abortion however their lawmakers would like. “The national fever on abortion can break only when this Court returns abortion policy to the States,” Mississippi’s brief says. Abortion rights advocates argue that such a ruling would create chaos both for people seeking abortions and for the courts. A decision explicitly overturning _Roe_ would have immediate consequences. Twelve states, including Mississippi, have what are known as “trigger” laws designed to ban all or most abortions shortly after the Supreme Court overturns _Roe_. Nine other states have previously passed laws that stringently restrict abortion, which they could move quickly to implement, and five more states are likely to try banning abortion if allowed to do so, according to the [Guttmacher Institute](https://www.guttmacher.org/article/2021/10/26-states-are-certain-or-likely-ban-abortion-without-roe-heres-which-ones-and-why), a research center that supports abortion rights. All told, about half of the states are expected to quickly criminalize abortion. **Read More:** [_The Supreme Court Will Consider the Texas Abortion Law. Their Decision Could Change the Court—and the Country_](https://time.com/6111238/supreme-court-texas-abortion-law/) This would create an even more stark patchwork of access across the country than already exists, making abortions completely inaccessible across much of the South and Midwest. Many people would need to cross state lines and travel hundreds of miles to reach the nearest clinic. Abortion rights advocates, researchers, legal scholars and economists have also argued in amicus briefs that this would have a powerful impact on women’s equality by hurting their health, educational and career opportunities, as well as the financial security of individuals and their families. All of these consequences would disproportionately impact people who are already vulnerable, including low-income women, people of color, LGBT people and those who live in rural areas. Those who work low-wage jobs and have limited access to paid time off face extra challenges navigating the logistical and financial hurdles of accessing abortions. Black women also have much higher rates of maternal mortality than white women, and experts have warned that abortion restrictions [could lead to more maternal deaths](https://time.com/6099821/texas-abortion-maternal-mortality/). Advocates also fear that Black people would face stiffer consequences if abortion were criminalized, given the racism embedded in many parts of the U.S. justice system. In Mississippi, many of the patients at Jackson Women’s Health Organization are young, low-income Black women who have children. The state already significantly limits abortion in many ways, which the clinic staff say makes it difficult for their patients to afford their services. Mississippi prohibits abortion after 20 weeks, bars telemedicine for abortion, mandates in-person counseling and then a 24-hour waiting period, requires parental consent for minors, does not allow public health insurance to cover abortion in most cases, and requires that doctors who perform abortions be board-certified obstetrician-gynecologists. The clinic has a fund to help some patients afford abortions, and many get help from other abortion funds too. If the Supreme Court allows states to restrict abortion further, barriers will increase, but abortion providers and advocates note that people will not stop seeking abortions. “People need to understand that if you’re already suffering, taking something away does not make the suffering go away. It increases the suffering,” Shannon Brewer, the director of Jackson Women’s Health Organization, told reporters earlier in November. “And that’s what’s gonna happen here.” ## Transcript [ MUSIC ] My mother grew up in New York City, in Harlem in the 1950's. Her father was a physician and a surgeon at Harlem Hospital. I only knew a little bit about this part of my mother's life, so I asked her to tell me more about it. [ MUSIC ] Well as you know my family was the first family to move into our building. [ MUSIC ] I was I think about two years, [ UNKNOWN ] And that was my world. [ MUSIC ] My grandfather had a cousin who was a doctor living in North Carolina. Cousin Albert had more work than he could handle and he asked my grandfather comes South to help out. So my grandfather moved his family to Sleepy Wadesboro, North Carolina. Where he worked as local country doctor. My time in Wadesboro was very different than my time in New York. Most of his clients were very poor. People paid him in corn. And put your hugs and so we have lots of food. My bedroom faced over a highway up on a hill and one night all of the sudden I see like The on highway, all these cars like a row, and there is a trail of white sheets. I didn't know what the Coolock clan was, but i knew that everybody in the house was afraid. And one night The sheriff came, Albert poured drinks, they sat around chatting for a while and then they took him away. He was arrested. He was arrested because a white woman reported that he had performed an abortion for her. I never knew about this part of my family history. I knew that the issue of abortion in America has always been racially charged, but until I started making Trapped, my feature documentary about abortion, I never really considered how the experience of having an abortion might be different for black women. My friends it is a baby. It is a child. According to the Center for Disease Control, black women have abortions at five times the rate of white women. Certainly the reasons are complicated. But experts point to barriers like a lack of access to education, reproductive health care, and income disparity. [ BLANK_AUDIO ] You pretend to be a When are you going to come back to Christ? Dr. Parker, much like my grandfather did, travels across the south providing women access to medical care, including abortion. He's become a well- known advocate for access to abortion care. If you're trying to wipe out the black race. Since you noticed, they're trained to wipe them out. I was prepared for protesters, but it was still shocking to hear the protesters call Dr. Parker a filthy negro abortionist. They were even disgusted with me, for my position, while making this film. Are you pro- choice? I am pro- choice, yes. It's easy to be pro- choice because you're not the one being killed. That's all I have to say. That's right, amen, yeah, what do you got to say about that? That's all I have to say. Hey, were you pro- choice about slavery, too? Cuz that was a privacy issue back in the 1800s. Were you pro- choice about that? You think slavery and abortion [ INAUDIBLE ] Pro choice about slavery, Dred Scott all that. i don; t understand your point. Good job. Is it pro choice about slavery? [ LAUGH ] I don't know why you keep bringing race into the conversation. You know because we like black babies, black babies matter to us but apparently not to you. And you don't care one bit because you're pro choice. You stand beside those Folks, good job! Good job! You're a disgrace to your race! It was absolutely surreal to hear older white men lecture me about the impact of abortion on the lives of black women. Meanwhile I was interviewing real women inside the clinics hearing their painful stories and how hard their choices were. It made me realize just how infrequently black women's stories are really ever told. [ BLANK_AUDIO ] [ MUSIC ] All right, put today's date in this blank. You're gonna sign and date here. Nobody's forcing you to have this done. You do have 48 hours to change your mind. We did an ultrasound to find out how far along you are. You are less than 19 weeks pregnant. Do you know what your blood type is? No. Okay. Questions? No. All right, is there a reason why you didn't give me an emergency contact? Really don't have family here. Okay. Anybody? Friend? Church member? Boyfriend? Nobody Okay! On the other procedure, you gotta have to give me someone and it doesn't have to be someone in this vicinity. But if something happens to you here in the clinic, I need to be able to notify someone, okay? So whether it be your mom and she lives in another state, that's fine. But I still need an emergency contact okay? Now what are you going to do as far as the drive on the day of the procedure? A cab maybe. Okay. You're gonna have to have someone with you I can't put you in a cab sedated with someone you don't know and I don't know. What we can do is talk to the volunteers maybe. Sometimes they will Assist if you don't have a driver, because I'm not comfortable sending you with someone I don't know. [ BLANK_AUDIO ] I am 20. What do you do? As a far as work? Yeah. I'm a cashier at Walmart. I make $ 9 in hour. Being a single parent is not easy. I'm starting to become a paramedic. I just feel like with another child then what I'm trying to do right now. I don't feel like I can do it. So I'm just trying to pursue my dreams so I can just had better for my son. How old is your kid? My son is 19 months. he's a great kid and I just want to take care of him. I don't really think I can do a second child, not by myself. How do you feel about your decision? Like a bad person. Say more about that. Why do you feel bad? Are you a religious person? I try to be. What does your religious understanding say to you about abortion? I know that God don't want this for me, but I did pray on it. I just want him to understand it. I feel like I should go through with it. Mm- hm. I just want him to understand. I don't want him to be upset with me, because if I do it, [ SOUND ] Continuous in that what I would want for you is that you'd be able say, you know what that was a jacked up situation, but if I had to do it all over again, I'd make the same decision because I made the best decision I could make. And that way you don't have to second guess yourself and nobody who's walking in your shoes can question you because they're not in your shoes. [ BLANK_AUDIO ] I'm not a good person at all. I just feel like a bad person, a bad female. Okay, the only rule I'm gonna give you is you may not say I'm not a good person any more, cuz that is not the case. An unintended pregnancy is an unintended An unintended pregnancy is an unintended pregnancy. That's all it is. That's all it is. So, no more. Okay. Okay? I'm not kidding. As crazy as it sounds I said I would rather an abortion than to give the baby up to a family I don't know. Because if I wanna hold it in, that's love. And I don't wanna, [ SOUND ]. Sorry. [ SOUND ] And I can give that love away. [ SOUND ] [ BLANK_AUDIO ] [ MUSIC ] Deciding to have an abortion is never easy, but in many places it's also incredibly logistically difficult. Especially for black women. [ BLANK_AUDIO ] In June of 2016 the United States Supreme Court determined that so- called Trap Laws, which have resulted in the closure of so many abortion clinics are illegal, but there is still only one abortion clinic in the entire state of Mississippi. Luckily there's also one woman there who always listens. [ MUSIC ]. I live in Jackson Mississippi and I work at Jackson Women's Health, the abortion clinic. Getting ready to walk through those doors is the hardest part. And she's probably torn so many different directions. By the time she gets to me, she's barely sure of what she needs to do for herself. A lot of the private counseling that I do I hear interesting stories and most of them is about being torn one way or another. My name is Betty. Everyone around here calls me Ms. Betty, and what I do is I am available to you to talk to you about whatever's going on with you. What we usually do is do a group counseling where I tell you what to expect on surgery day. For me, being a mother is everything. Not only am I a mother to my two boys, I am a mother to the rest of the women in this clinic. [ MUSIC ] I think the protesters think that these women just get up in the morning and decide to go have an abortion. When they have put their heart and souls into their decisions and have to walk through that gauntlet out there to even come in and discuss with us the process. [ MUSIC ] I hate to think about what would happen to the women of Mississippi if this clinic closes. [ MUSIC ] It's tough for women right now. [ MUSIC ] [ MUSIC ]. Ms. Betty is like a mother to her patients. But over and over in the three years of making the film trapped, I heard so many women tell me about their shame In how they felt they were letting their own family down, particularly their mothers. And even though I was making a documentary about abortion and interviewing so many women. I'd realized I've never asked my own mother if abortion had impacted her life. 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