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After the Supreme Court issued an important decision today, the United States is facing the largest legal action in decades.
The U.S. Supreme Court has agreed to hear a case that has a significant impact on the country’s abortion laws. This is the most important legal battle on this issue in decades.
Today, the U.S. Supreme Court announced that it will file a lawsuit. Dobbs vs. Jackson Women’s Health Organization.
The case involved a law passed by Mississippi in 2018. Age of Pregnancy MethodThe bill prohibits abortion after 15 weeks of pregnancy, and was later rejected by a lower court for violating the U.S. Constitution.
The nine judges of the Supreme Court limited their deliberations to one question: “Is it unconstitutional to ban all selective abortions before survival?”
Why is it so important?Because it deeply affects Caviar vs. WadeThis is a landmark judgment made by the Supreme Court since 1973, which legalized abortion throughout the United States and has been a legal precedent ever since.
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“Feasibility” threshold
The key word here is “survivability.”
in roe, Supreme Court ruling American government can Miscarriage is prohibited, but only from the perspective of viability, that is, the time the fetus can actually survive outside the uterus. According to medical experts, this threshold is reached at approximately 23 or 24 weeks.
The court said: “With regard to the state’s important and legitimate interests in potential life, it is feasible to be “notable”.
“The national regulations to protect the life of the fetus after vitality therefore have a logical and biological basis. If the country is interested in protecting the life of a fetus after vitality, it may prohibit abortion during this period, unless it is necessary to save the life of the fetus. The mother. Life or health.”
In another landmark case, 1992 Family Planning and Casey in Southeastern Pennsylvania, Supreme Court Once again found that “this line should be drawn where feasible”.
It said: “A state may not prohibit any woman from making a final decision to terminate her pregnancy before she is able to survive.”
Since 1973, this has been the legal framework for abortion in the United States. In fact, the government cannot ban abortion before 24 weeks.
Of course, the broader issue is not that simple. Although abortion cannot be completely banned, anti-abortionists have done many things to limit women’s access to abortion.
For example, some states have required female parents to participate in this decision. Some require women to wait a certain amount of time after going to the clinic for the first time before they can actually undergo a miscarriage. According to the current interpretation of the Constitution, these measures are sufficient as long as they do not impose an “undue burden” on women.
But none of these things will affect this situation. The Supreme Court is specifically considering whether all pre-survival “bans” on abortion violate the Constitution.
If the answer is “yes”, it will reiterate roe with Casey.
However, if the court answers “no,” then the decision will enable governments across the country to implement a ban on abortion when women become pregnant earlier. This will be the legal victory that the US anti-life movement has been seeking for decades.
“This is the most important abortion case that the court will hear so far. Casey Made the decision in 1992″, Professor Steve Vladeck, a legal expert at the University of Texas, Say today.
“If states are allowed to effectively prohibit abortion after the fifteenth week of pregnancy, as in the Mississippi state law in this case, the window for pregnant women to legally obtain abortion will be much shorter. roe with Casey Current requirements. “
“There is no way to exaggerate what a lot of money this is,” Legal historian Mary Ziegler said.
Problem case
Mississippi passed a 15-week abortion ban in 2018. This includes exemptions for medical emergencies and severe fetal malformations, but does not include pregnancy caused by rape or incest. The state’s Republican Governor Phil Bryant (Phil Bryant) said he wanted to make it “the safest place for unborn babies in America.”
After months of legal challenges, in November 2018, the Southern District Court of Mississippi ruled that the law was unconstitutional.
The appointment of Democratic President Barack Obama, Judge Carlton Reeves, accused Republicans of deliberately enacting unconstitutional legislation because the bill would be repealed. They can then appeal the decision-giving them a way to file an abortion case with the Supreme Court.
“The state chose to pass a law that it knew was not in conformity with the Constitution in order to recognize decades-long campaign activities promoted by national interest groups and demand that the Supreme Court overturn Caviar vs. Wade“, Judge Reeves said.
“The fact that men, myself included, are deciding how women choose to manage their own reproductive health is a sad irony, but it has not been lost in court.
“As a man who cannot conceive or have an abortion, I can only imagine the anxiety and turbulence that a woman may encounter when deciding whether to terminate her pregnancy through abortion. Respect for her autonomy requires that this decree be banned.”
Mississippi appealed. One year later, in December 2019, the Fifth Circuit Court of Appeals upheld Judge Reeves’ decision.
Judge Patrick Higginbot said: “States can regulate abortion procedures before it is feasible, as long as they do not impose an undue burden on women’s rights, but they may not prohibit abortion.”
“The disputed law is an injunction. Therefore, we affirm that the district court has no effect on the law.”
The state then appealed to the Supreme Court, which took some time but finally agreed to hear the case today.
“The alarm bell is ringing”
The Supreme Court is currently 6-3 between conservatives and progressives. The current three justices are appointed by former Republican President Donald Trump, strengthening the conservative majority.
Under the following circumstances, the balance of power has undergone a decisive change Justice Ruth Bader Ginsberg (Ruth Bader Ginsberg)The progressive, who died in September last year. Mr. Trump nominated Amy Coney Barrett to fill the vacancy, and Judge Barrett was confirmed a week before the 2020 election.
In this case, her vote may be crucial.
Last year, at June Medical Services vs Russia, The Supreme Court voted by a narrow margin to reject an anti-abortion law in Louisiana. The conservative Chief Justice John Roberts stood by the progressive forces of the court, leading by a 5-4 advantage.
The presence of Justice Barrett means that conservatives no longer need Justice Roberts’ vote to obtain a majority.
The Supreme Court will start hearing theoretical points in the fall and may make a ruling in 2022.
The activists and politicians who were in favor of the right to option reacted to the court’s announcement today and were shocked.
Nancy Northup, head of the Center for Reproductive Rights, said: “The threat of reproductive rights has sounded alarm bells.”
“The Supreme Court has agreed to review an abortion ban, which undoubtedly violates the precedent of the Supreme Court for nearly 50 years and is an overturned case. Caviar vs. Wade.
” roe The reversal will be devastating. More than 20 states will completely ban abortion. Eleven states, including Mississippi, have currently activated trigger bans on books. These bans will immediately prohibit abortion under the following circumstances: roe Was overthrown. “
When asked about the case at today’s press conference, White House Press Secretary Jen Psaki said that President Biden was “committed to codification.” Caviar vs. Wade In federal law, regardless of the outcome. This will include passing a law in Congress that provides for the right to abort before the fetus is feasible, thereby overturning any state law that contradicts it.
Mr. Biden needs the support of at least 10 Republicans to pass such a law through the Senate. At present, he is far from reaching this threshold.
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