While Scalia did not join the Court until 13 years after Roe v. Wade was decided, it was the focal target for his attacks on the judicial activism which created a constitutionally protected right to abortion.
Mississippi claims that no “legitimate reliance interests call for retaining Roe and Casey,” the 1992 Supreme Court ruling that upheld a constitutional right to abortion while allowing states to impose limits before the stage of fetal viability. The state also says that Justices needn’t worry about stare decisis—the principle that would encourage them to respect legal precedent—or about the impact on people’s lives if Roe is tossed out. Abortion-law jurisprudence, the petitioners write, has always been “fractured and unsettled,” and the “Court is not in a position to gauge” how reliant society is on abortion. But, as the lawyers representing the lead respondent—the only remaining abortion clinic in Mississippi—point out, the Court has heard multiple abortion cases since Roe and, while it has allowed states to chip away at the constitutional right to abortion, it has also clearly upheld the core finding.