Dueling friend-of-the-court briefs in the Mississippi case also supported Chief Justice Roberts’s observation about selectivity.
In one brief, international law professors supporting the Mississippi law said that “France, Italy, Germany, Spain, Norway and Switzerland have a gestational limit of 14 weeks or earlier for abortion on demand, allowing later exceptions only on restricted medical grounds.” The brief cited data gathered by the Center for Reproductive Rights.
On the other side, a brief from another set of international and comparative law scholars supporting the abortion providers in Mississippi focused on the countries that it said had similar legal traditions to the United States, notably Canada, New Zealand and Britain, which “permit abortion up to or around viability.”
“Beyond their broadly permissive laws,” the brief said, “these countries also support abortion rights and reproductive decision-making through universal health care, access to abortion services and access to contraception.”
The brief added that recent international trends had been toward easier access to abortion, with more than 50 countries liberalizing their laws in the past 25 years. By contrast, the brief said, overruling Roe “would put the United States in the company of countries like Poland and Nicaragua as one of only a few countries moving towards greater restrictions on legal access to abortion in the past 20 years.”
Professor Ziegler said there was something artificial about the recent conservative attentiveness to foreign nations with roughly 12-week limits.
“People who are anti-abortion are disingenuous about this, because they’re not proposing 12 weeks,” she said. “They’re proposing six weeks, or they’re proposing fertilization.”