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LISTEN: This abortion case in Mississippi 'could be the case' that overturns Roe vs Wade

Heritage Senior Legal Fellow John Malcolm says, 'Roe vs Wade, a case decided in 1973, found that there was a constitutional right to an abortion.'

The United States Supreme Court is hearing oral arguments this week in the case out of Mississippi concerning a 2018 state law that would ban abortions after 15 weeks of pregnancy, well before viability.

John Malcolm, the Director of the Meese Center for Legal and Judicial studies, tells Marc Cox that, "this could be the case," that would overturn the 1973 Roe vs Wade decision.


"Ever since then, pre-viability abortions have been almost-always, if not always banned," says Malcolm. "Viability is considered to occur somewhere around 24-weeks, so this 15-week limit is clearly pre-viability, and Mississippi has explicitly asked the Supreme Court to overturn Roe vs Wade saying that it was bad constitutional law from the day that opinion was issued."

Arguments begin on Wednesday.

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Heritage Senior Legal Fellow John Malcolm says, 'Roe vs Wade, a case decided in 1973, found that there was a constitutional right to an abortion.'