Attorneys for the Jackson Women’s Health Organization state in their brief the precedent setting Roe v. Wade case of 1973, makes abortion legal until the fetus can live outside of the womb, which the law says is about 24 weeks. They also claim in the 1992 Casey v. Planned Parenthood case, the high court ruled women must have reproductive rights to participate equally in the nation’s economic and social life. Clinic owner Diane Derzis says the issue is, does a woman’s right supersede that of the fetus.
“This has been the focus of the anti-choice people since Roe actually passed and that is to put the focus on the fetus instead of on the woman who is a walking around human being,” said Derzis.
Attorneys for Mississippi argue viability isn’t the issue because there’s no constitutional right to an abortion. In a prepared statement Attorney General Lynn Fitch addressed the brief filed by the Center for Reproductive Rights on behalf of the Jackson clinic.
“Today’s brief offers no solid arguments in defense of Roe and the court should overturn this flawed hopelessly unworkable precedent. It is time to return the policy making to the people,” said Fitch.
The U.S. Supreme Court will hear oral arguments about the 15-week ban this fall. Last month the court’s conservative majority did not stop a six week ban from taking effect in Texas. Director of the Jackson abortion clinic, Shannon Brewer, says they’re getting more calls and patients including some from Texas.
“A lot of patients are traveling eight, nine, 10 hours from Texas coming here because they can’t get seen in Texas. We have Louisiana patients coming here because some of those facilities have been closed since the hurricane,” said Brewer.
Brewer says state law currently allows the procedure to be performed up to 20 weeks. They provide abortions until 16 weeks.
Derzis says the state talks about the unborn but ranks last in women's health and infant mortality. She says overturning Roe v. Wade will not stop women from seeking abortions. Derzis adds woman who can afford one will still be able to get an abortion, it will be the poor and women of color who will be effected by such a ruling.
