Biden administration urges Supreme Court to uphold Roe v. Wade

The Biden administration on Monday urged the Supreme Court to uphold the landmark 1973 Roe v. Wade ruling that established the right to an abortion.

The administration filed an amicus brief in the case Dobbs v. Jackson Women’s Health Organization, which challenges the constitutionality of Mississippi’s 15-week abortion ban.

The brief argues that Roe v. Wade and the subsequent 1992 ruling Planned Parenthood vs. Casey recognize that forcing a patient to continue with a pregnancy is a “profound intrusion on her autonomy, her bodily integrity, and her equal standing in society.”

“At the same time, Roe and Casey recognize that States have important interests, including in protecting women’s health and the potentiality of human life,” the brief reads. “The Court should reject petitioners’ invitation to upset that careful balance by removing the woman’s interests from the scale.”

Oral arguments in the case are expected to begin Dec. 1, and the high court is expected to reach a decision in June.  

Separately, the administration filed a motion to present oral arguments in the case.

Challengers of the law, abortion providers and advocates argue the 15-week ban should be overturned under precedent set by Roe v. Wade, which recognized a constitutional right to abortion before a fetus is viable, usually around 24 weeks in pregnancy.

But Mississippi Attorney GeneralLynn Fitch (R) is urging the justices to use the case as a vehicle to overrule Roe and other rulings.

The Biden administration wrote in its brief that overruling Roe and Casey would represent a “profound disruption.”

“If States are permitted to ban pre-viability abortion, the effects are likely to be felt most acutely by young women, women of color, and those of lesser means, further diminishing their opportunities to participate fully and equally in the Nation’s social and economic life,” the brief reads.

The brief is among several that were filed in opposition to the law, including from over 500 female athletes and nearly 900 state lawmakers.

The administration is separately challenging a six-week abortion ban in Texas, which took effect after the high court ruled 5-4 to not take up an emergency challenge against the bill and allow it to take effect.