On December 1, 2021, the U.S. Supreme Court will hear oral arguments in Dobbs v Jackson Women’s Health Organization on the constitutionality of pre-viability abortion bans. This case concerns Mississippi’s Gestational Age Act (House Bill 1510), which bans abortions after 15 weeks gestation. This case will specifically address whether a state can ban abortion before viability (generally 24–26 weeks of pregnancy). IANGEL has joined the National Women’s Law Center and 71 other organizations in submitting an Amicus Brief in this case supporting the right to abortion.
This historic case is a watershed moment for protecting bodily autonomy and the liberty and equality of all women and people who can become pregnant. Mississippi has specifically asked the court to overrule its landmark decisions in Roe v. Wade and Planned Parenthood v. Casey, holding that the Constitution protects the right to have an abortion before the fetus can survive outside the womb. The spotlight on the Dobbs case has become even more intense as a result of the fight over Texas’ S.B. 8 and the Supreme Court’s refusal thus far to block the enforcement of that blatantly unconstitutional law that prohibits abortions after the sixth week of pregnancy.
The Amicus Brief IANGEL joined makes the following key points:
1. The right to abortion is critical to the liberty and equality guaranteed by the Fourteenth Amendment because abortion is essential to securing the autonomy, health, and economic opportunity of people who can become pregnant. Personal autonomy and bodily integrity are encompassed by the right to liberty and due process. This includes the right to abortion established by 50 years of Supreme Court precedent. The right to abortion is firmly grounded in equal-protection principles and is necessary to allow equal participation in society. Denying access to abortion infringes on the ability of women and all who can become pregnant to determine their life’s course free from sex stereotypes regarding the capabilities and expected social roles of women.
2. The right to abortion remains critical to the liberty and equality guaranteed by the Fourteenth Amendment, notwithstanding advances in gender equality. Systemic barriers to contraception continue to cause unintended pregnancy, and pregnant and parenting students and workers continue to face discrimination, job insecurity, loss of earnings, and diminished professional and educational opportunities. The right to abortion remains vital, particularly in a state like Mississippi, which fails to provide the support that pregnant and parenting people need to thrive. 
Today more than 19 million women—including nearly 200,000 Mississippi women—don’t have reasonable access in their county to a publicly funded health center offering the full range of contraceptives. Many women of reproductive age are still uninsured (12.6%), and Black, Latina, and Native women of reproductive age remain significantly more likely to be uninsured than their white counterparts. People who rely on public transportation, live in rural areas, have child care obligations, or work in jobs without paid sick leave and predictable hours (who are disproportionately Black and Latinx) may have difficulty getting to a pharmacy or a provider to receive contraception or related services. Being unable to afford or access the contraceptive method of one’s choice can cause people to use contraception incorrectly, inconsistently, or not at all, or use contraceptive methods that are medically inappropriate or less effective. It is simply incorrect to assume that advances in access to or the efficacy of contraception have eradicated unintended pregnancy or that it has any bearing on the need for access to abortion care.
3. Mississippi’s own record demonstrates that abortion continues to be necessary to attain gender equality. Mississippi is one of only two states with no equal pay laws. The state doesn’t mandate workplace accommodations for pregnant people, and it lacks paid family leave laws. Likewise, Mississippi lacks anti-discrimination provisions and lactation accommodations for pregnant and parenting students. Because of current economic gender disparities, childbirth and parenting costs, pregnancy discrimination, burdens on working and earning for parents, and limits on educational opportunities, the right to abortion remains critical. A 15-week abortion ban would exacerbate the existing economic and health disparities in the state, inflicting the greatest impact on Black women, who comprise the vast majority (72%) of those who obtain abortion care in Mississippi.
The Court cannot uphold H.B. 1510 without serious detriment to the constitutionally guaranteed liberty and equality interests of people who can become pregnant. Being forced to continue a pregnancy jeopardizes people’s health and results in substantial economic, educational, and professional burdens. Such consequences would be particularly detrimental to people who can become pregnant who work in low-paid jobs or live in poverty, who are disproportionately people of color. Eviscerating the right to abortion will also uniquely harm LGBTQ individuals, people in abusive relationships, people with disabilities, and young people who can or do become pregnant. According to the Guttmacher Institute, if Roe is overturned or fundamentally weakened, 26 states are certain or likely to ban abortion as quickly as possible. IANGEL joins the National Women’s Law Center, and over 70 like-minded organizations, in calling for Mississippi’s 15-week abortion ban to be ruled unconstitutional.