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Judges signal that they will accept the new abortion restrictions, may throw Roe – Daily Local

Mark Sherman and Jessica Gresco

Washington (AP) —In the biggest challenge to the right to abortion over decades, a conservative majority of Wednesday’s Supreme Court allowed the state to ban abortion much earlier in pregnancy, nearly 50 years. He signaled that it might overturn the national rights that existed.

Hundreds of demonstrators argued for and against, and the judge fate the historic 1973 Roe v. Wade decision and the 1992 planned parent-child relationship vs. Casey decision of the court to legalize abortion across the United States. Led a discussion that could determine.

The results will probably not be known until June next year. However, after nearly two hours of debate, all six conservative judges, including three appointed by former President Donald Trump, have shown support for Mississippi law prohibiting abortion 15 weeks after pregnancy. I did.

At the very least, such a decision would undermine Rho and Casey. And it allows the state to regulate abortion until the time of fetal survival in about 24 weeks, but not to ban it.

And even among the conservative judges, there was substantial support for the complete elimination of Roe and Casey. Judge Clarence Thomas is the only member of the court to openly seek to overturn the two cases.

Judge Brett Kavanaugh, Trump’s appointed man, asked if it would be better to withdraw completely from the abortion issue and leave the decision to the state.

“Why should this court be an arbitrator, not a parliament, a state legislature, a state supreme court, and people can solve this?” Kavanaugh asked. “And Mississippi and New York have different answers, and Alabama has different answers than California.”

According to the Guttmacher Institute, a research organization that supports abortion rights, if Roe and Casey are overthrown, abortion will soon be illegal or severely restricted in about half of the states. Many Republican-led state legislatures are ready to take action in response to the Supreme Court’s ruling. On Wednesday, the Sixth Circuit Federal Court of Appeals revoked a previous ruling that blocked Tennessee law, including banning abortion after a fetal heartbeat was detected (about six weeks), and was retried by the entire court. I ordered.

Proponents of the right to abortion say that those with color and those with few means will be affected by disproportionateness.

Three liberal judges in the court said reversing Roe and Casey would seriously undermine the court’s own legitimacy.

“Can this agency survive the stench it creates in the general perception that the Constitution and its interpretation are merely political acts?” Asked Judge Sonia Sotomayor.

In very strong terms against the court debate, Judge Stephen Breyer warned his colleagues “be careful” before abandoning the established abortion decision.

Opinion polls have shown support for protecting Roe, but some have also found support for greater restrictions on abortion.

Among the conservatives, Chief Justice John Roberts appeared to be most interested in a less extensive ruling that upheld Mississippi law but did not explicitly dismiss Law and Casey.

“That may be what they want, but it’s been 15 weeks in front of us today,” Roberts said, in addition to Mississippi’s support for its own legislation. He hinted that he called for a broader case to be overturned.

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.

At the Jackson Women’s Health Organization, the only abortion clinic in Mississippi, about 100 patients undergo an abortion annually after 15 weeks. The facility does not provide an abortion after 16 weeks.

Even upholding the 15-week ban means rejecting the feasibility line decades ago. Proponents of the right to abortion say it effectively overturns Law and leaves no principle line for when abortion may be banned.

Another Trump appointed judge, Judge Neil Gorsuch, suggested that the lack of a strict alternative could be the reason for the complete dismissal of Law and Casey.

“I emphasized that if 15 weeks were approved, there would be 12 and 10, 8 and 6 proceedings. My question is whether the government believes to be the Secretary of Justice. Whether or not, “Gorsuch asked. Elizabeth Prelogger, a lawyer and chief of law for the Biden administration supporting the Mississippi Clinic.

“I don’t think there’s a more fundamental line than feasibility,” Prelogger said.

Supporters of both abortion controversies filled the sidewalks and streets in front of the court, and their duel rally was even heard from inside the building. Opposite signs read emotions such as “her body is her choice” and “God hates to shed innocent blood.” The court has stepped up security measures, including closing some streets around the building.

Perhaps recognizing the seriousness of their previous problem, the judge arrived at the bench at 10 o’clock without the smiles and private jokes they sometimes shared.

The case was brought to court with a 6 to 3 conservative majority transformed by judges appointed by Trump, Gorsuch, Kavanaugh, and Amy Coney Barrett.

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

The court has not yet ruled Texas law, and the judge refused to put Texas law on hold while the issue was being considered legally.

The Mississippi proceedings raise a more central issue of the right to abortion. The Secretary of Justice, Scott Stewart, said Law and Casey were “infested in our country” and “the Constitution is unfounded.”

He compared those decisions with the infamous Supreme Court ruling from 1896, Plessy v. Ferguson, which justified the official separation 58 years later before being rejected by the Brown v. Board of Education.

“We have been running Roe for 50 years. It was a terribly wrong decision that caused tremendous damage to our country, and unless this court dismisses it, it will continue and kill countless lives. Let’s do it. “

The Mississippi Clinic claimed that these two cases were correctly determined and trusted by women and their partners for nearly half a century. This was also pointed out by Judge Elena Kagan.

She said the abortion decision was “part of the structure of the existence of women in this country.”

Barrett addressed the issue of women’s dependence on abortion decisions from a different perspective. She allows mothers to waive their parents’ rights, meaning that so-called safe shelter laws in all 50 states cannot force women to become mothers, limiting employment and other opportunities. Suggested that there is a possibility.

“Why doesn’t the safe haven law handle the problem?” She asked.

Barrett has a long record of personal opposition to abortion, admitting that the court still has to deal with the problem of keeping women pregnant against their will.

She described such a pregnancy as “a violation of the physical independence we have in other contexts such as vaccines.”

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.

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, because the court was closed due to COVID-19, there were only reporters, judges’ legal officers, and a few lawyers in the court.

If the court decides in late June, it could be a little over four months before next year’s parliamentary elections and the campaign season.

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The Associated Press writer Parker Prefoy contributed to this report.

Judges signal that they will accept the new abortion restrictions, may throw Roe – Daily Local

Source link Judges signal that they will accept the new abortion restrictions, may throw Roe – Daily Local

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