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December 1, 2021 – A majority of U.S. Supreme Court justices on Wednesday seemed receptive to the idea that there is no constitutional right to abortion or, at the very least, that states can determine when a pregnancy can be terminated.
Judges heard lawyers argue for and against the Mississippi Act of 2018, which, with few exceptions, prohibits abortion after 15 weeks, claiming the fetus is viable outside the womb at that age. The Supreme Court since 1973 Rowe vs. Wade decisions and legal decisions in the decades that followed, including the 1992 decision Planned parenting against Casey, said that abortion should be accessible to the point of viability – established as about 23 weeks.
The court also ruled in Casey that state laws could not place an “unnecessary burden” on a woman’s ability to have an abortion.
A decision on the case is not expected before June or July.
Initially, the Mississippi Attorney General did not try to overturn it deer and Casey, but later argued in Dobbs v. Jackson Women’s Health Organization that both cases were wrongly resolved and must be completely rejected.
“This is an extremely wrong decision that has done great damage to our country and will continue to do so and will take countless lives, unless and until this court overturns it,” said Scott G. Stewart, Mississippi’s attorney general.
When it accepted the Mississippi case, the Supreme Court did not agree to weigh the annulment deer or Casey, but the judges’ inclinations were obvious during the hearing, and it is possible that they dropped these remarkable cases.
Judge Clarence Thomas has repeatedly asked opponents of the law to indicate where the right to abortion is enshrined in the Constitution, as has Judge Samuel Alito.
“If we’re talking about the Second Amendment, I know exactly what we’re talking about. If we’re talking about the Fourth Amendment, I know what we’re talking about because it’s written, it’s there,” Thomas said. “What exactly is the law we are talking about here?” He asked US Solicitor General Elizabeth Prelogar.
She said the right to abortion is enshrined in the 14you guarantee of the pursuit of freedom of change.
“If this court waives the interest on freedom recognized in deer and reaffirmed in Casey, this would be an unprecedented shrinking of individual rights “and a departure from the jurisprudence of maintaining precedent, known as stare decisis, she said.
Chief Justice John Roberts seemed opposed to dismissing any of the notable abortion cases, but instead wanted to focus on whether 15 weeks was a reasonable time. But he seemed alone in his direction.
“Roberts seems desperate for a restrictive principle that doesn’t change deerand none of the other conservative judges are biting. ” tweets Mary Ziegler, historian, wrote about abortion.
But Judges Neil Gorsuch, Amy Connie Barrett and Brett Cavanaugh seemed receptive to the idea that the precedent set by deer and Casey can be inverted.
Neil Katyal, former Advocate General of the United States and Attorney General of the Supreme Court, tweets during disputes that he did not see “anything so sympathetic to the contenders. And a lot of things that were very hostile. “
He warned that questions during oral disputes are often simply trying to understand a lawyer’s position. But the tea leaves here are sinister.
The more liberal judges of the Court – Stephen Breyer, Sonia Sotomayor and Elena Kagan – warned that repealing Rowe would jeopardize the Court’s legitimacy by pretending that it was deviating from political interests.
“Will this institution survive the stench that this creates in public opinion that the Constitution and its reading are just political acts?” Sotomayor asked, adding: “If people really believe that everything is political, how will we survive? How will the Court survive? “
If Rowe v. Wade is canceled, 22 states they already have laws on books that can be used to limit abortions, according to the Gutmacher Institute. Almost all abortions will be banned in 12 states that have so-called “trigger” laws: Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas and Utah.
Seventeen states have restrictions on abortions that are not imposed or blocked by courts, which will take effect if Roe is repealed. An additional seven states have laws that intend to restrict abortions in the absence of deer and four states have passed constitutional amendments not to specifically protect the right to abortion.
Guttmacher reports that 15 states and Washington, D.C., have passed laws protecting the right to abortion.
Jackson Women’s Health, the only abortion provider in Mississippi, filed a lawsuit to block the Mississippi law soon after it was passed. A federal judge ruled against the state, and that decision was upheld by the Fifth U.S. Court of Appeals, which also issued a standing ban against state law. In May 2021, the Supreme Court agreed to hear Mississippi’s appeal.
In November, the Supreme Court heard arguments in two cases challenging Texas’ restrictive law, Overall health of the woman against Jackson and US in Texas. Judges seemed receptive to the idea that the law, SB 8, was unconstitutional. But the court did not grant a request from the Biden administration to suspend the law as the challenges made their way through the courts.
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