The U.S. Supreme Court overturns the landmark Roe v. Wade case, meaning the state can ban abortion

The Supreme Court has terminated its constitutional protection against abortion, which had been in place for nearly 50 years, with a conservative majority decision to overturn the Roe v. Wade case. Friday’s results are expected to lead to abortion bans in about half of the states.

A decision that was unthinkable just a few years ago was the culmination of decades of efforts by anti-abortion opponents, made possible by the bold right side of the court, strengthened by the three appointed presidents of former President Donald Trump. was.

The ruling came more than a month after the surprising leak of a draft opinion by Judge Samuel Alito, which indicates that the court is ready to take this significant step.

According to polls, it confronts the court with the majority of Americans who favored maintaining Roe.

Arito, in his final opinion on Friday, Roe and Planned Parenthood v, a 1992 decision that reaffirmed the right to abortion. Casey wrote that he was wrong on the day it was decided and must be overturned.

“We believe we must dismiss Roe and Casey. The Constitution does not mention abortion, and such rights are not implicitly protected by the provisions of the Constitution,” Arito said. Is writing.

Arito wrote that the power to regulate abortion rests with the political sector, not the courts.

Joining Arito were Judges Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. The latter three judges are Trump’s appointed persons. Thomas first voted to dismiss Law 30 years ago.

Judge John Roberts said he had stopped ending the right to abortion and supported the Mississippi law at the heart of the case, a ban on abortion 15 weeks later, and said nothing more.

Judges Stephen Breyer, Sonia Sotomayor, and Elena Kagan (declining liberal courts) disputed.

“With sorrow-for this court, but more than for millions of American women who have lost basic constitutional protection today-we are against,” they write. rice field.

According to statistics analyzed by the Associated Press, the ruling is expected to disproportionately affect women with minorities who already have restricted access to health care.

Thirteen states, primarily in the South and Midwest, have already enacted laws prohibiting abortion in the event of Roe’s capsizing. In other half-dozen states, it is almost completely banned or banned after 6 weeks of gestation, before many women find out that they are pregnant.

According to the Guttmacher Institute, a research group that supports abortion, about six other states have proposed a ban on dormant abortion, which was enacted before the decision of Law in 1973, or a new proposal to significantly limit the time during which abortion can be carried out. You will have a fight. right.

According to data compiled by Guttmacher, more than 90% of abortions occur during the first 13 weeks of pregnancy, and now more than half are done with tablets rather than surgery.

The decision was based on polls that the majority of Americans oppose overthrowing Law and passing the question of whether to allow the state to have an abortion altogether. The Associated Press-Public polls conducted by the National Poll Center and others have consistently shown that about one in ten Americans wants to make abortion illegal in all cases. The majority agree that abortion is legal in all or most situations, but polls show that many support restrictions, especially in late pregnancy.

The Biden administration and other abortion advocates have warned that the decision to overthrow Law would also threaten gay rights and potentially other High Court decisions in favor of contraception.

However, Arito wrote in his draft opinion that his analysis deals only with abortion and is not another right that arises from the right to privacy that the High Court has not stated directly in the Constitution but implicitly granted. .. Abortion is different because of the unique moral issues it raises, Arito wrote.

Whatever the intention of the person who leaked Arito’s draft opinion, the conservatives insisted on overthrowing Law and Casey.

Arito agrees in his draft to retain two decisions, including the partial reliance on the right to abortion by multiple generations of American women to gain economic and political power. Dismissed the discussion.

Changing the composition of the court was central to the strategy on the other side of abortion. Mississippi and its allies engaged in more and more active debate as the case progressed, with two high court defenders of abortion retiring or dying. The state initially argued that it could uphold the law without overturning the court’s abortion case.

Then-Gov. Phil Bryant signed a 15-week bill in March 2018. At this time, Judges Anthony Kennedy and Ruth Bader Ginsburg were the majority members of the five judges, who primarily protect the right to abortion.

By early summer, Kennedy had retired and was replaced by Judge Brett Kavanaugh a few months later. Mississippi law was blocked in a lower federal court.

But the state always went to the Supreme Court of the country. It didn’t even ask for a hearing in front of a panel of three judges from the 5th US Circuit Court of Appeals, which finally invalidated the law in December 2019.

By early September 2020, the Supreme Court was ready to consider the state’s appeal.

The court scheduled the case for consideration at a private meeting of judges on September 29. But in the meantime, Gimberg died and Barrett was quickly nominated and confirmed without a Democratic vote.

It took another six months for the court to agree to hear the case, but now the stage is set.

By the time Mississippi submitted its main written dispute to court in the summer, the thrust of that dispute had changed and is now calling for a major dismissal of Law and Casey.

The first sign that the court may accept to wipe out the constitutional rights of abortion is that at the end of the summer, the judge will force a ban on the procedure in about six weeks by the judge to 5-4. It was when I divided it. I am pregnant. The dispute revealed the unique structure of law, including law enforcement by civilians rather than state officials, and how they can be challenged in court.

However, Judge Sonia Sotomayor says that conservative colleagues “ignore nearly 50 years of federal case” and “significantly unconstitutional law” in a fierce objection to three liberal judges. Said he refused. Roberts was also one of the opponents.

Then in December, after hearing additional debate over whether to block Texas law known as SB 8, the court again refused to do so with a 5-4 vote. “The clear purpose and actual effect of SB8 was to invalidate the court’s ruling,” Roberts wrote in a partial dissenting opinion.

At the Senate hearing, Trump’s three High Courts carefully avoided asking questions about how to vote in any case, including abortion.

But even if Democrats and abortion proponents predicted that Kavanaugh and Gorsuch would vote to overturn the abortion, they left a different impression on at least one Republican senator. Senator Susan Collins of Maine predicted that Gorsuch and Kavanaugh would not support the overthrow of the abortion case, based on private conversations when they were nominated for the Supreme Court.

Prior to becoming a federal judge in 2017, Barrett was the loudest opponent of abortion when he was a professor of law. She is a member of the University of Notre Dame’s Anti-Abortion Group, where she taught the law and signed newspaper ads. She opposes “abortion on demand” and defends “right to life from fertilization to natural causes”. She promised to set aside her personal views in judging her case.

Meanwhile, Trump, as a candidate, predicted that anyone he nominated in court would vote “automatically” to dismiss Law.

(function (d, s, id) {
var js, fjs = d.getElementsByTagName(s)[0];
if (d.getElementById(id)) return;
js = d.createElement(s); = id;
js.src = “//”;
fjs.parentNode.insertBefore(js, fjs);
}(document, ‘script’, ‘facebook-jssdk’)); The U.S. Supreme Court overturns the landmark Roe v. Wade case, meaning the state can ban abortion

Back to top button