What the Mississippi abortion case means for Roe v. Wade

As we mentioned, the United States Supreme Court today heard oral arguments in an abortion-rights case that could “Lead” to the over-turning of Roe V. Wade. We talked about what the high-court heard today and how the justices responded, with Arizona State University Law Professor Paul Bender. Paul Bender is professor of law and dean emeritus for the Sandra Day O’Connor College of Law. He teaches courses on United States and Arizona constitutional law.

“It could be big and it could not be very big,” Bender said about the high courts happening in Roe V. Wade. There are a couple of different statutes like the Mississippi abortion case that could actually ban abortions after 15 weeks. Roe V. Wade defines that one can get an abortion up until the fetus is viable, which is about 24 weeks, according to Bender.

While listening to Justice Sonia Sotomayor’s remarks, Bender mentioned, “I think people are wrong including Justice Sonia Sotomayor when she says if the law is changed, there will be a stench. There are ways to change Roe V. Wade that won’t impact rights much at all.” Bender added that the Mississippi statute does not destroy the right to abortion because it gives a reasonable amount of time for women to exercise their fundamental right. “It all depends on the opinion that the Supreme Court writes,” he said.

Bender said it would be a compromise because he said there will still be a right to abortion while also allowing Mississippi to implement the statute of 15 weeks. “There is a lot of interpretation around the word ‘viability,'” he mentioned.

States will have to decide where they stand on abortion, Bender said. “I don’t see where the court is leaning. I can guess. I don’t think the court will have overrule on Roe V. Wade.