US News Crucial Audience for the Right to Abortion at the Supreme Court of the United States

07:50  01 december  2021
07:50  01 december  2021 Source:   lepoint.fr

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The US Supreme Court is about to hear the most important abortion case in a generation. On Wednesday it will consider a Mississippi law, which asks the court to ban abortions after 15 weeks of pregnancy - barring the procedure about two months earlier than the court has ever allowed before. In more than half of US states , abortion access would probably remain the same. In 15 states and the District of Columbia, state law guarantees the right to an abortion even if Roe v Wade is overturned.

Former US Vice-President Mike Pence has called on the Supreme Court to overturn the landmark 1973 Roe v Wade case which legalised abortion in the US . Mr Pence said the ruling was "a misguided decision" that harmed millions of unborn babies. If Roe v Wade is overturned, millions of women will lose access to abortions . "We are asking the Supreme Court of the United States to overturn Roe v Wade and restore the sanctity of human life to the centre of American law," the former vice president said.

  Audience cruciale pour le droit à l'avortement à la Cour suprême des Etats-Unis © Getty Images / AFP / Archives

The Future of the right to abortion in the United States is played Wednesday before a Court Supreme deeply reworked by Donald Trump , which could take advantage of the examination of a law of Mississippi to return almost 50 years back.

The nine wise, including six Conservatives, will look at 10:00 (15:00 GMT) on a law adopted in 2018 by this state of the South, which prohibits abortions after fifteen weeks of pregnancy. She should make her decision next spring.

The law, measured in relation to other legislation adopted in recent years, none the legal framework set by the Supreme Court. By accepting to examine it, the High Court therefore sent the signal that it was ready to review its copy.

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Abortion in the United States is legal, subject to balancing tests tying state regulation of abortion to the three trimesters of pregnancy, via the landmark 1973 case of Roe v. Wade

A deeply divided supreme court has allowed a Texas law that bans most abortions to remain in force, effectively stripping most women of the right to an abortion in the nation’s second-largest state . The court voted 5-4 early on Thursday to deny an emergency appeal from abortion providers and others The Texas law, signed by the Republican governor, Greg Abbott, in May, prohibits abortions once medical professionals can detect cardiac activity, usually around six weeks and before most women know they’re pregnant. It is the strictest law against abortion rights in the United States since the

This one dates back to 1973: in its iconic ROE v. Wade, the Court felt that the Constitution guaranteed a right of women to abort and that states could not deprive them. In 1992, it stated that it was valid until the fetus is "viable" at around 22 to 24 weeks of pregnancy.

Taking note of this case law, the federal courts had blocked the Mississippi law before its entry into force. The leaders of this rural and religious state then turned to the Supreme Court.

When she accepted their appeal, while there was no obligation, the Court explained that it was ready to interrogate the limit of "viability". But the Mississippi today asks him to go further and cancel his judgment of 1973 again.

"We are aware of the impact of our request," said in an editorial at the Washington Post the Prosecure General of the state, Lynn Fitch. "But, 49 years ago, the Court has privileged political intuition to solid legal reasoning to reach a constitutionally unfounded conclusion and it is time to correct this error."

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In 2017 the Supreme Court ruled that religious pre-schools could not be excluded from secular benefits like playground resurfacing. Last year, a 5-4 majority sided with Montana parents who wanted to use state scholarship funds at religious schools. Carson will push this principle one step further if it requires states to fund His colleagues to the right , Clarence Thomas and Amy Coney Barrett, have made similar remarks in recent speeches. Those assurances come amid plummeting support for the institution. Last week Gallup reported that just 40% of Americans approve of the Supreme Court .

The Supreme Court , the country's highest judicial tribunal, was to sit in the nation's Capital and would initially be composed of a chief justice and five associate justices. The act also divided the country into judicial districts, which were in turn organized into circuits. Justices were required to "ride circuit" and hold The Burger Court (1969–1986) marked a conservative shift.[50] It also expanded Griswold's right to privacy to strike down abortion laws (Roe v. Wade)[51] but divided deeply on affirmative action (Regents of the University of California v. Bakke)[52] and campaign finance regulation (Buckley v


All the levels of the Republican Party have supported it, as well as the Catholic Church and many anti-abortion associations, some of which have spent millions of dollars in advertising campaigns before the hearing.

All these actors think that their time has come after half a century of judicial and political struggle.

"We are about to enter a new era, where the Supreme Court will return the ROE v. Wade to the forgotten history, which he would never have to go out," launched the old Vice President Mike Pence, a Christian UltraConservant, on the eve of the hearing.

The opponents of abortion are galvanized by the arrival at the Supreme Court of three judges appointed by the former President Donald Trump who strengthened his conservative majority.

Their influence has already been felt on September 1, when the Temple of American law refused, for reasons of procedure, to block the entry into force of a Texas law that prohibits abortion from six weeks of pregnancy.

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The Supreme Court 's authority in this respect is also derived from Article III of the Constitution, which states that the Supreme Court shall have original jurisdiction "in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party." The grant or denial of certiorari petitions by the Court are usually issued as one-sentence orders without explanation. If the Supreme Court grants certiorari (or the certified question or other extraordinary writ), then a briefing schedule is arranged for the parties to submit their briefs in favor of or against a particular form of relief.

United States Senate, appoint justices to the Supreme Court . Justices have life tenure,[3] and receive a salary which is set at 5,500 per year for the chief justice and at 4,400 per year for each associate justice as of 2014.[4][5][6]. Since 1789, Congress has occasionally altered the size of the Supreme Court , historically in response to the country's own expansion in size. An 1801 act would have decreased the Court 's size to five members upon its next vacancy.

He has since reopened the file and expressed his skepticism about the architecture of the text, but his final decision is waiting and many Texanies remain forced to leave their state to abort.

36 million

On the other side, defenders of women's right to abort, "worried like never", tighten ranks.

Medical, Feminist or Civil Rights Associations have written to the Court to ask the Mississippi law, as well as hundreds of democratic elected officials or 500 high-level athletes, including the Megan rapinoe footballer.

All ensure that alterer, if only a little, the current jurisprudence, will drop the building.

If the viability criterion is abandoned, "States will be able to prohibit abortions at any stage of pregnancy," said Julie Rikelman, who will argue before the nine wise in the name of the only clinic practicing Abortions in Mississippi.

According to the powerful organization of family planning, Planned Parenthood, 28 states would not fail to do, and 36 million women of childbearing age would be deprived of access to pregnancy interruptions.

Even without saying it, validating the Mississippi law "would be annuling Roe," says Julie Rikelman.

01/12/2021 04:59:39 - Washington ( AFP ) - © 2021 AFP

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