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“All of this has been implied because they’re understood to be core, basic human rights,” said Murray. “You don’t need the state to recognize them because they are vested in you by virtue of being a human.”Ĭurrently, states are prevented from banning abortions before a fetus can survive outside the womb, a concept known as “viability”. But at the hearing on 1 December, a majority of justices appeared ready to uphold Mississippi’s law, which would require either invalidating the “viability” standard or overturn Roe v Wade entirely. In arguments, justices pointed to several ways they may reinterpret the Roe v Wade decision. Some, such as Justice Clarence Thomas, were skeptical there is a right to privacy and were swayed by the lack of an explicit reference to the right in the constitution, a concept known as “textualism”. “If we were talking about the second amendment, I know exactly what we’re talking about,” said Thomas. “If we’re talking about the fourth amendment, I know what we’re talking about because it’s written. That argument could be paired with one pushed forward by conservatives, such as Mississippi solicitor general Scott Stewart, who argued a right to abortion is not grounded in the “history or tradition” of the country.
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“A right to abortion not grounded in the text,” said Stewart.