Explained: the anti-abortion challenge to Roe v Wade
The Supreme Court is preparing to overturn its landmark Roe v Wade ruling that guaranteed access to abortion in every state, according to an unprecedented leak.
In a 98-page draft opinion, Justice Samuel Alito wrote that the 1973 Roe v Wade decision legalizing abortion in the United States was “enormously wrong.” The issue of abortion should be returned “to the elected officials of the people,” he said.
This would pave the way for individual states to decide whether to ban abortion and how to regulate it.” The times said, “a return to the position before the 1973 ruling”.
challenge of abortion
Alito’s draft Opinion, referred to as the “Opinion of the Court” and fully published by Politically, said: “Roe was terribly wrong from the start. His reasoning was exceptionally weak, and the decision had damaging consequences.
“And far from bringing about a national solution to the abortion issue, Roe and Casey have ignited debate and deepened divisions.
“We feel Roe and Casey need to be overridden. It is time to heed the Constitution and return the issue of abortion to the elected representatives of the people.”
annulment of the decision would “send an electric shock through American politics”, said the Times. Joe Biden has promised to push legislation through Congress to protect abortion rights if the Supreme Court overturns the decision, but that is a “currently impossible task given his party’s razor-thin majorities in both houses.”
If “the US Supreme Court” strikes down protections for reproductive rights, the BBC said “trigger laws” could make abortion illegal “immediately” in 22 U.S. states.
A verdict from the judges is not expected before early July. But the leaked draft “will provoke desperation among pro-choice activists,” The Times said. It “prompted an immediate outcry from Democrats and protests – both pro- and anti-abortion – in the Supreme Court,” the BBC reported last night.
Roe v. calf
The original Supreme Court ruling, delivered during Richard Nixon’s tenure in the White House, swept away a number of federal and state anti-abortion laws by introducing a women’s law constitutional right to choose abortion in the first three months of pregnancy.
The verdict was the result of a legal battle Norma McCorvey – known by the alias “Jane Roe” in her lawsuit. McCorvey was in her 20s when she filed for termination after becoming pregnant with her third child in 1969. But she lived in Texas, where abortion was illegal except when necessary to save the mother’s life.
Her case was taken to the Supreme Court, where the judges ruled 7-2 that a woman’s right to an abortion falls under the US Constitution’s protection of personal agency in family matters — a decision that effectively legalized the nation.
However, the “contentious” debate about the political, religious, and moral issues surrounding abortion raged on in the decades that followed, according to the New York Times.
The Roe v Wade review was prompted by a case brought on behalf of Mississippi state health officer Thomas Dobbs, where state law prohibits abortions after 15 weeks except in cases of a medical emergency or serious fetal abnormality.
Anti-abortion activists had argued that the more restrictive legislation “is necessary to protect fetal life” and “expressed their confidence that it would be ruled constitutional by the Supreme Court.” The New York Times reported.
But pro-choice activists had said that if the Supreme Court upholds that proclaimed right, dozens of states would rush to take similar action.
Although the content of the opinion has proven explosive, the fact that a document from the US Supreme Court has become public is also completely “unprecedented,” said BBC North America reporter Anthony Zurcher.
“For most of US history, the Supreme Court has functioned like Olympus, Share opinions from above,” he said. But the leak of a half-finished court ruling means “perhaps the opacity has been shattered forever”.
Politico described the source as “a person familiar with the Mississippi court case along with other details proving the authenticity of the document.”
“A full investigation involving the FBI” will attempt to find the source of the information, it said CBS News.
https://www.theweek.co.uk/news/world-news/us/952870/anti-abortion-challenge-roe-wade-supreme-court Explained: the anti-abortion challenge to Roe v Wade