A three-year battle in Vermont is coming to a head over Proposal 5, an amendment to the state constitution that would enshrine existing Vermont abortion “liberties” to terminate pregnancies up until birth.

Roe v. Wade established “viability” as the determinant of when state governments hold a “compelling” interest to protect children. The current challenge to Roe in the Supreme Court concerns a Mississippi law that would ban abortions after 15 weeks. Vermont’s Proposal 5 essentially defines fetal viability at 40 weeks (birth), ignoring both Roe and the science of human development.