Supreme Court sets Dec. 1 for arguments in challenge to Roe v. Wade

Earlier this summer, Mississippi petitioned the court to overturn Roe, contradicting the state’s previous argument that it could uphold the 15-week ban without touching the nearly 50-year-old precedent.

Since then, a flood of legal briefs have flowed in from groups on both sides of the case.

Jonathan F. Mitchell, the architect of Texas’ abortion ban, submitted his own brief over the weekend pushing the court to not only overturn Roe but other precedents protecting abortion access and what he calls “court-invented rights to homosexual behavior and same-sex marriage.”

In an amicus brief filed on Monday, Planned Parenthood and other abortion providers submitted testimony to the court on “the grave consequences of banning abortion before viability,” citing anecdotes from clinics about the impact of Texas and other states attempting to temporarily halt abortions during the Covid-19 pandemic.

Thousands of individuals who have had abortions also submitted a brief on Monday, sharing stories of how terminating pregnancies helped them avoid going on public assistance, escape abusive relationships and continue their educations.

The Biden administration, which is aggressively fighting the Texas law, is expected to file its own brief with the court later Monday opposing the Mississippi ban.

A ruling in the case is likely to come down next summer — just a few months ahead of midterm elections that will decide control of Congress.

The justices have also scheduled arguments for a narrower, more technical abortion case for Oct. 12, focusing on which state officials can defend abortion bans in court.