Abortion Advocates Fear Outcome in Upcoming Case

Cases and Controversies

The Supreme Court is in the spotlight again Dec. 1, this time hearing a challenge to Mississippi's 15-week abortion ban.

Joining Cases and Controversies to discuss what's at stake in Dobbs v. Jackson Women's Health Organization is Kathryn Kolbert, who argued the landmark abortion case Planned Parenthood v. Casey, which upheld the viability line being challenged in the Mississippi case. She said the climate leading up to that 1992 ruling was similar to today's in that she fully expected that there would be at least five votes to overturn Roe v. Wade.

And while the outcome in Casey was a "compromised opinion" that ended up preserving the heart of Roe, Kolbert said she's not expecting the current court to rule the same way. "This court is much more ideological" that the court at the time of Casey, she said, noting that several Republican-appointed justices ultimately came down on the side abortion advocates.

Kolbert is also joined by Julie F. Kay, who says that while abortion has been on the minds of court watchers lately—namely in the procedural challenge to Texas's six-week abortion ban—Dobbs is the case to watch. "I think of the Texas case as the toddler that bursts into the room and has a tantrum and gets everybody's attention," Kay said. "When in reality, it’s the Mississippi case that's the biggest threat to abortion rights."