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US Supreme Court seems tempted to restrict abortion rights

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Several of the six conservative magistrates have been sensitive to Mississippi’s arguments about its 2018 legislation, which prohibits the majority of abortions if the likely age of the patient is.unborn human is greater than 15 weeks. The law, one of the most restrictive in the country, provides exceptions for medical emergencies or serious fetal abnormalities.

The Mississippi plea has been one of the most vocal in recent decades on the issue of abortion, since the Roe v. Wade and Planned Parenthood v. Casey, whose foundations are disputed by the Southern State.

Mississippi Solicitor General Scott Stewart has launched a full-blown charge against these two judgments, which set a precedent on abortion rights.

Roe v. Wade and Planned Parenthood v. Casey haunt our country. They have no basis in the Constitution; they have no place in our history or our traditions; they degraded the democratic process. They poisoned the law. They stifled compromise.

A quote from Scott Stewart, Solicitor General of Mississippi

Nowhere else does this court recognize the right to end human life, he argued.

When the petition was filed in court, the state had nevertheless assured that the question before the Court did not require turning its back on established precedents.

Mr. Stewart further argued that contraception was more accessible and affordable than it was at the time of the two decisions.

In his judgment Roe vs. Wade, rendered in 1973, the Supreme Court ruled that states could not prohibit abortion before the fetal viability threshold. The judgment set a precedent in a country where the federal government does not offer a legislative framework on pregnancy terminations.

The Supreme Court had upheld the right to abortion almost 20 years later in the case Planned Parenthood vs. Casey, judging that States could not impose a undue burden to a pregnant woman desiring an abortion before the fetal viability period, then established at 23 or 24 weeks gestation.

Advocacy for women’s rights

In front of the Supreme Court, demonstrators wearing masks hold letters that read the word

The Court never revoked a constitutional right that it had previously extended, argued for its part the Solicitor General of the United States, Elizabeth Prelogar.

The highest court in the land has already rightly recognized that [l’avortement] was a fundamental right of women and […] the nature of fundamental rights is that it is not for the legislative assemblies of states to decide whether or not to respect them, she said, fearing an increase in the number of illegal abortions.

Roe and Casey would be serious and quick, she argued. If this court renounced the right to liberty recognized in Roe and reaffirmed in Casey, it would be an unprecedented contraction of individual rights and a sudden break with the principles [de la règle du précédent]. “,” text “:” The concrete effects of the overthrow of Roe and Casey would be severe and swift, “she argued. If this court renounced the liberty right recognized in Roe and reaffirmed in Casey, it would be an unprecedented contraction of individual rights and a sharp break with principles [de la règle du précédent]. “}}”>The concrete effects of the reversal of Roe and Casey would be serious and quick, she argued. If this court renounced the right to liberty recognized in Roe and reaffirmed in Casey, it would be an unprecedented contraction of individual rights and a sudden break with the principles [de la règle du précédent].

Julie Rikelman, a lawyer for the Center for Reproductive Rights, Mississippi’s only abortion service provider, also brought women’s rights to the fore. Abortion was crucial for the equal participation of women in society, she asserted.

She called on magistrates to strike down Mississippi law for avoid deep damage to liberty, equality and the rule of law.

Eliminating or reducing the right to abortion will set women back.

A quote from Julie Rikelman, lawyer for the Center for Reproductive Rights

Supreme Court Chief Justice John Roberts insisted on the 15-week period the Mississippi chose, asking why such a delay would not be enough for a pregnant woman to make her decision.

weeks does not seem to me to be a huge change from viability, it is the rule adopted by a majority of countries “,” text “:” A ban after 15 weeks does not seem to me to be a huge change from viability, c ‘is the rule adopted by a majority of countries “}}”>A ban after 15 weeks does not seem to me to be a huge change from viability, it is the rule adopted by a majority of countries, he said.

Without the viability test, there will be no limit and states will rush to ban abortion at all stages of pregnancyRikelman said, adding that countries like Canada and the UK have also established a 22 or 24 week threshold.

Warning from progressive judges

Court was forced to choose sides in one of America’s most divisive societal debates, said Judge Brett Kavanaugh, one of three judges appointed by former President Donald Trump. But shouldn’t she be scrupulously neutral and leave this decision to elected officials? he asked, pointing to cases for which the Supreme Court had gone back on precedents.

She also named by the former Republican president, her colleague Amy Coney Barrett, mother of seven children, for her part argued that it was possible to entrust an unwanted newborn to adoption services.

The three progressive judges argued that the Court’s reputation would be irreparably damaged if it dismantled nearly half a century of case law due to a change in its composition.

Will this institution survive the stench that this creates in the public perception that the Constitution and its reading are only political acts? […] How will this court survive?

A quote from Sonia Sotomayor, Supreme Court judge

His colleague Stephen Breyer argued that judges will be seen as politicians if the Court goes back on the precedents it has established.

A decision with far-reaching consequences

The Guttmacher Institute estimates that 26 states are likely to ban abortion if the Supreme Court reconsiders Roe vs. Wade. According to Washington post, at least a dozen states have laws that would end the majority of abortions upon ruling, if the ruling were to rule in Mississippi’s favor.

The court could cut the pear in half by preserving the right to abortion, but allowing states to lower the 23 or 24 week threshold for abortion.

During the hearing, some conservative judges also seemed to lean towards this track.

At the end of the hearing, Democratic President Joe Biden for his part let it be known that he continued to supportRoe vs. Wade, decision the most rational to his eyes.

The powerful Planned Parenthood organization, which operates abortion clinics, has expressed serious concern. It’s alarming that a majority of judges seem ready to let politicians control our bodies, declared its president, Alexis McGill Johnson.

Reflecting the scale of the issues and the deep divisions in American society, thousands of protesters formed rival groups outside the Supreme Court, brandishing inconsistent slogans, such as abortion is a matter of public health Where to abort is to kill.

The court is expected to deliver its decision next June or July, a few months before the midterm elections.

Earlier this month, she looked into another abortion-related case, which is more procedural at the moment. A majority of judges appeared willing to allow clinics performing abortion to challenge Texas’ most sweeping abortion law, the most sweeping in the country, in federal courts.

With information from Washington post, New York Times, and Agence France-Presse

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