The U.S. Supreme Court began its 2021-2022 session this week, with a load of hot-button cases already on the docket and more likely to come. This will be the first full term of the current court, after Justice Amy Coney Barrett was sworn in a few weeks into last year's session. Among the issues before the nation's high court this term are gun control, transgender medical rules, police conduct, election law, and free speech.
But one case on the docket could result in a legal earthquake. "The biggest issue (before the court) this year is abortion," says Josh Blackman, professor at South Texas College of Law-Houston. "Mississippi banned abortions at 15 weeks, before the point of viability...under Roe v. Wade this law is unconstitutional...Mississippi has asked the Supreme Court to overrule Roe v. Wade."
"This might be the biggest abortion case in half a century."
The Mississippi law may not be the only abortion case before the court this term, either. "There might be a surprise this term with the Texas abortion case (over the state's heartbeat abortion law)," says Blackman. "There is actually a petition pending before the Supreme Court right now, and there's another case pending in federal court in Austin...that case might get to the Supreme Court by Thanksgiving."
As for what kind of ruling we can expect from the high court on the abortion issue, Blackman predicts it will be all-or-nothing. "Either the court will say no Mississippi, you can't do this, you're violating Roe v. Wade, or the court will overrule Roe," he tells KTRH. "I don't see much room in the middle."
"I think they're going to have to bite the bullet or do nothing at all."