The most significant change in the court’s composition was the most recent one. Justice Ruth Bader Ginsburg, who died last year, was a committed supporter of abortion rights, saying that access to the procedure was crucial to women’s equality. Her replacement, Justice Amy Coney Barrett, is a conservative who has spoken out against “abortion on demand.”
Emboldened by the changes, state legislatures have enacted scores of restrictions and bans, many of them at odds with existing precedent, in the hopes of winning a favorable outcome from the Supreme Court in cases like the one heard by the justices on Wednesday.
The law at issue in the case, Dobbs v. Jackson Women’s Health Organization, No. 19-1392, was enacted in 2018 by the Republican-dominated Mississippi Legislature. It banned abortions if “the probable gestational age of the unborn human” was determined to be more than 15 weeks. The statute, a calculated challenge to Roe, included narrow exceptions for medical emergencies or “a severe fetal abnormality.”
Chief Justice John G. Roberts Jr., who is both an institutionalist and an incrementalist, proposed taking a significant step that would stop short of allowing states to bar abortion entirely.