GEE & URSULA

Implicating Washington’s abortion laws, Supreme Court debates Roe v. Wade

Dec 2, 2021, 12:58 PM | Updated: Dec 6, 2021, 11:22 am

abortion...

Credit David Geitgey Sierralupe via Flickr

The U.S. Supreme Court is poised to undermine a landmark decision upholding a woman’s right to choose abortion.

On Wednesday, the court heard oral arguments regarding the constitutionality of a Mississippi law, passed in 2018, which outlaws abortion after 15 weeks of pregnancy, allegedly undermining Roe v. Wade’s dictum that abortion be allowed before fetus viability (generally considered to be 24 weeks).

“This is probably one of the most important abortion cases the court has heard in 30 years,” Seattle University School of Law professor Sital Kalantry told KIRO Radio’s Gee and Ursula Show.

“The court is considering, in a way, a Mississippi statute that clearly is already unconstitutional under the viability standard, because it only allows a termination of a pregnancy … within 15 weeks,” Kalantry said. “The composition of the court makes people worry that there is going to be a big change.”

After a flurry of appointments under the Trump administration, the U.S. Supreme Court skews conservative by majority, with only Justices Stephen G. Breyer, Sonia Sotomayor, and Elena Kagan on the record avowing to support Roe v. Wade.

‘I am appalled’: State leaders react as Supreme Court weighs challenge to abortion laws

“From [their] oral arguments … yesterday, we heard Justice Kavanaugh asking questions that suggested that he is willing to overturn prior precedent in his questioning,” Kalantry continued.

Kavanaugh invoked previous Supreme Court decision reversals during oral arguments, referencing case law which formerly upheld segregation and anti-sodomy later determined to be unconstitutional. Extrapolating from there to Roe v. Wade, he implied that the court retains the ability to change its judgement on the matter.

“The problem, in my view, is that in those cases, … the court didn’t find that there was a constitutional right for people to not be segregated,” Kalantry added. “But the later cases actually found the constitutional rights. Here, we would be doing the reverse.”

“In Roe v Wade, the court found that there is a constitutional right to choose under privacy,” he said. “If their decision were to overturn it, it would be unrolling a prior constitutional protection.”

The court’s decision is not expected until June or July 2022, and there is a wide spectrum of potential outcomes therein. The court could overturn the Mississippi statute or not, either decision of which implicates Roe v. Wade and establishes precedent for other states as they grapple with the issue.

“We know that five members of the court are avowedly anti-abortion, ” Kalantry said. “They’re very committed to this. If one thinks abortion is wrong in, you know, Idaho, why is it not wrong in Washington? That’s going to be the next question to be asked.”

“Nobody can make a prediction of what the court will do,” Kalantry added. “Justice Roberts is going to try very hard to bring his conservative colleagues along into a compromise that might keep Roe in place.”

Washington preserves state law that further safeguards the right to abortion. Planned Parenthood v. Casey and Initiative 120 both secured a woman’s right to abortion before fetus viability.

Listen to the Gee and Ursula Show weekday mornings from 9 a.m. – 12 p.m. on KIRO Radio, 97.3 FM. Subscribe to the podcast here.

Gee and Ursula Show

Gee & Ursula

social media...

Ursula Reutin

Ask Ursula: My cousin’s social media posts make me cringe. Should I say something?

Ursula offers advice on when — and how — to tell a loved one their social media posts may be hurting their professional image.

10 hours ago

screen time...

Gee Scott and Ursula Reutin Show

‘We’re kind of suffering the consequences’: Seattle schools superintendent explains new limits on screen time and AI

Seattle Public Schools (SPS) is pulling back on classroom screen time and blocking more apps and AI tools.

20 hours ago

wa school sports initiative...

Gee Scott and Ursula Reutin Show

‘My most uncomfortable vote’: Gee explains his support for WA’s school sports initiative as Ursula questions its requirements

Explore Gee Scott's support for Washington's school sports initiative amid Ursula Reutin's concerns on requirements and transgender participation.

23 hours ago

schools Superintendent Ben Shuldiner...

Gee Scott and Ursula Reutin Show

‘They can all come in’: Seattle schools superintendent says mergers could close 10 buildings, argues plan is about education

Seattle Public Schools could close 10 school buildings under a merger plan. Superintendent Ben Shuldiner said the goal is to improve education.

1 day ago

Pierce County Council candidate Brenda Lykins...

Gee Scott and Ursula Reutin Show

‘They just want good government’: Pierce County Council candidate says voters are tired of us-versus-them politics

Brenda Lykins holds a big lead in the race for the Pierce County Council's District 7 seat.

2 days ago

Democrat...

Gee Scott and Ursula Reutin Show

‘People’s bills got bigger than their bigotry’: Political analyst explains Democrats’ election surge

MS NOW political analyst Jason Johnson offered a blunt explanation for Democrats’ election gains.

2 days ago

Implicating Washington’s abortion laws, Supreme Court debates Roe v. Wade