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Justice Department wants to present arguments in upcoming SCOTUS case on Mississippi abortion law

Oral arguments are set to begin  Dec. 1 in a case some legal observers say could overturn Roe v. Wade

Updated: September 21, 2021 - 9:11am

The Facts Inside Our Reporter’s Notebook

The Justice Department is asking the Supreme Court to reaffirm the country's landmark abortion-rights ruling Roe v. Wade when it hears a case challenging Mississippi’s new abortion law and to present oral arguments.

The agency argues any other decision would uphold an unconstitutional law and undermine a doctrine that gives power to Supreme Court precedents, according to The New York Times.

Oral arguments are set to begin  Dec. 1. The department’s request is another indication of the significance of case, amid concerns about a ruling opening the possibility of abortion bans across the country.

The Times also reports acting Solicitor General Brian Fletcher has field the legal briefs for the case, the most recent effort by the Biden Justice Department to try to protect the legal right to an abortion. 

Several weeks ago, the department sued Texas over a law that prohibits nearly all abortions in the state after six weeks and asked a federal district judge to temporarily block the statute until the courts determine whether it is constitutional.

The department is one of roughly 40 parties to file a brief in the Supreme Court case, in support of Jackson Women’s Health Organization, the only abortion provider in Mississippi, The Times also reports.