The court granted an expedited review of what is called S. B. 8, which the Biden administration in a filing Friday said “has virtually eliminated abortion in Texas after six weeks of pregnancy.”
The decision sets up a momentous term for abortion rights at the Supreme Court. The justices on Dec. 1 will consider a Mississippi law that bans most abortions after 15 weeks, far earlier than the court’s precedents currently allow.
Abortion opponents have urged the court to use that case to loosen precedents that say states may not prohibit abortion before fetal viability, generally thought to be around 22 to 24 weeks. Mississippi and abortion opponents have asked the court to use the case to overturn Roe v. Wade and Planned Parenthood v. Casey, which first established a constitutional right to abortion in 1973 and reaffirmed it in 1992.