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Abortion rights at stake in historic Supreme Court debate | Nationwide

Washington (AP) — The right to abortion is being contested by the Supreme Court in a historic debate over a groundbreaking ruling nearly 50 years ago proclaiming the national right to end pregnancy.

Judges on Wednesday uphold Mississippi law banning abortion after 15 weeks and consider whether to dismiss the 1973 Roe v. Wade decision.

Mississippi also reaffirmed Roe Planned Parenthood v. We are asking the court to dismiss Casey’s 1992 decision. Discussions can be heard live on the court’s website from 10 am Eastern Standard Time.

The case is brought to court with a conservative majority of 6-3 transformed by three appointed presidents, President Donald Trump, who promised to appoint a judge he said opposed the right to abortion.

The court agreed to hear the proceedings over the ban on pregnancy until the three early-pregnancy Trump appointees, Judge Neil Gorsuch, Judge Brett Kavanaugh, and Judge Amy Coney Barrett were on board. I didn’t.

A month ago, a judge about a uniquely designed Texas law that, six weeks after pregnancy, succeeded in evading Roe and Casey’s decision in the second largest state in the United States and banning abortion. I also heard the discussion. The dispute over Texas law revolves around the ability to challenge the law in federal court, not the right to abortion.

Despite a very quick review of the issue, the court has not yet ruled Texas law, and the judge refused to put the law on hold while the issue was being legally considered. ..

The Mississippi proceedings raise the central issue of the right to abortion. Some of Wednesday’s debate could be about whether the court should abandon the long-standing rule that abortion cannot be banned before it becomes feasible in about 24 weeks.

According to the Federal Centers for Disease Control and Prevention, more than 90% of abortions occur during the first 13 weeks of pregnancy, well before becoming viable.

Mississippi argues that feasibility is an arbitrary standard that does not fully consider the state’s interest in regulating abortion. It also claims that advances in science have allowed some babies born before 24 weeks to survive, but does not claim that the line is close to 15 weeks.

Only about 100 patients a year will have an abortion after 15 weeks at the Jackson Women’s Health Organization, the only abortion clinic in Mississippi. The facility does not provide an abortion after 16 weeks.

However, clinics argue that courts usually do not evaluate constitutional rights based on the number of affected people, in which case judges should not.

The clinic, with the addition of the Biden administration, also said that since Law, the Supreme Court has consistently claimed that the Constitution guarantees “women’s right to choose to have an abortion before they survive.” I have.

Eliminating the feasibility as a border between times when abortion may or may not be banned effectively dismisses Roe and Casey, even if the judge does not explicitly state it. The clinic says Deaf.

Judge Clarence Thomas is the only court member to openly seek the dismissal of Law and Casey. One question is how many of his conservative colleagues are willing to join him.

Some of the questions the judge asks when considering abandoning a previous decision are not only whether it is wrong, but also terrible.

This is the formulation used by Kavanaugh in his recent opinion, and the court filings to claim that Mississippi and many of its allies fit the explanation that Law and Casey are terribly wrong. Is spending a lot of space on.

“The conclusion that abortion is a constitutional right is unfounded in text, structure, history, or tradition,” says Mississippi.

The clinic responds by claiming that the exact same argument was considered and rejected by the court at Casey almost 30 years ago. Since then, only court membership has changed, and the clinic and its allies claim.

In a previous ruling, the court rooted the right to abortion in the section of the Fourteenth Amendment, which states that the state “cannot rob a person’s life, liberty, or property without due process of law.” rice field.

Same-sex marriage and other rights are based on the same provisions, but the government argues that if Roe and Casey fall, they could be threatened if not explicitly mentioned in the Constitution. Mississippi and its supporters argue that these other decisions will be at risk.

Abortion debates will usually find people camping in front of court for days, hoping to rob some of the few seats available to the public. However, due to the closure of the court due to COVID-19, the court will be sparsely populated with reporters, judges’ legal officers, and a small audience of lawyers.

The decision is scheduled by late June, just over four months before next year’s parliamentary elections, and could be a cry for a rally during the campaign season.

Copyright 2021 AP communication. all rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.

Abortion rights at stake in historic Supreme Court debate | Nationwide

Source link Abortion rights at stake in historic Supreme Court debate | Nationwide

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