But in the intervening weeks, Ginsburg died and Barrett was quickly nominated and confirmed without a single Democratic vote. The court scheduled the case for consideration at the justices’ private conference on Sept. Circuit Court of Appeals, which ultimately held the law invalid in December 2019.īy early September 2020, the Supreme Court was ready to consider the state’s appeal. It did not even ask for a hearing before a three-judge panel of the 5th U.S. The Mississippi law was blocked in lower federal courts.īut the state always was headed to the nation’s highest court. Phil Bryant signed the 15-week measure into law in March 2018, when Justices Anthony Kennedy and Ruth Bader Ginsburg were still members of a five-justice majority that was mainly protective of abortion rights.īy early summer, Kennedy had retired and was replaced by Justice Brett Kavanaugh a few months later. The state initially argued that its law could be upheld without overruling the court’s abortion precedents. Mississippi and its allies made increasingly aggressive arguments as the case developed, and two high-court defenders of abortion rights retired or died. ![]() Changing the composition of the court has been central to the anti-abortion side’s strategy.
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