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Mississippi abortion case 'not a nailbiter'

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Rachel Rhodes

The Supreme Court is slated to hear arguments Wednesday in the Mississippi Dobbs v. Jackson Women's Health Organization abortion rights case, which will center on legal aspects of fetal viability. 

Sherry Colb

Professor of Law

Sherry Colb, professor of law at Cornell Law School, authored a piece “In Defense of Viability” on the case earlier this year, and is author of a book on abortion rights, “Beating Hearts: Abortion and Animal Rights.”

Colb says: 

“Dobbs is not a nailbiter. The Supreme Court will uphold the Mississippi 15-week ban. It will say that it is not overruling Casey because it does not need to reach the question, since a 15-week ban does not impose an undue burden. That statement will be, at best, manipulative and at worst, dishonest. Perhaps Thomas, Alito, and Gorsuch will write separately to say that Roe and Casey are wrong and should be expressly overruled, much as Alito said in Fulton that Smith should be expressly overruled. The debate will be one of style rather than substance. Put lipstick on a corpse, and it is still a corpse.”

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