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Politics Roe v. Wade nearly fell 30 years ago. Can it survive again?

01:02  03 december  2021
01:02  03 december  2021 Source:   msn.com

Roe redux: Is 'viability' still viable as a constitutional doctrine?

  Roe redux: Is 'viability' still viable as a constitutional doctrine? The Supreme Court is on the eve of arguments in what could be the most consequential abortion case in decades.Dobbs has everything that you would need for a Roe-killing case. That does not mean the court will do so, but it could substantially reduce Roe's hold over states.

As much as some of the justices might wish they were writing on a blank slate, they cannot pretend they haven't dealt with Roe in numerous cases over the years .

Roe v Wade became the landmark abortion case in the United States. The state of Texas maintained that it had the right to safeguard health, draw up medical standards and to protect prenatal life, which it argued was covered by the 14th Amendment. Texas considered a fetus as prenatal life from the point of conception and the notion of what constitutes a ‘person’ would become central to the Supreme Court ruling. The Supreme Court is set to hear arguments Wednesday over whether Mississippi can ban abortions after 15 weeks, the most serious challenge to Roe v . Wade in 30 years .

WASHINGTON (AP) — We've been here before, with the fate of abortion rights throughout the United States in doubt and awaiting a decision by the Supreme Court.

Abortion rights advocates holding cardboard cutouts of the Supreme Court Justices, demonstrate in front of the U.S. Supreme Court Wednesday, Dec. 1, 2021, in Washington, as the court hears arguments in a case from Mississippi, where a 2018 law would ban abortions after 15 weeks of pregnancy, well before viability. (AP Photo/Jose Luis Magana) © Provided by Associated Press Abortion rights advocates holding cardboard cutouts of the Supreme Court Justices, demonstrate in front of the U.S. Supreme Court Wednesday, Dec. 1, 2021, in Washington, as the court hears arguments in a case from Mississippi, where a 2018 law would ban abortions after 15 weeks of pregnancy, well before viability. (AP Photo/Jose Luis Magana)

Nearly 30 years ago, the court came within a vote of throwing out the 1973 Roe v. Wade decision that legalized abortion throughout the United States and returning the ability to restrict if not ban abortion to the states.

Roe v. Wade has been the law of the land for nearly 50 years. Will that matter?

  Roe v. Wade has been the law of the land for nearly 50 years. Will that matter? As much as some of the justices might wish they were writing on a blank slate, they cannot pretend they haven't dealt with Roe in numerous cases over the years. Equally important, several of the justices have at various times laid out the factors they weigh when voting to overturn precedent. How the court grapples with that question could illuminate the way forward for the court and its aggressive right flank as it grapples with other divisive topics in the future. Stare decisis In legalese, the doctrine the justices will consider on Wednesday is called stare decisis.

On Wednesday, the Supreme Court will hear oral argument in what many view as the most significant abortion case in nearly half a century. Dobbs v . Jackson Women’s Health Organization involves a Mississippi law banning abortion at 15 weeks, the point at which the state claims that fetal pain is possible. From a legal perspective, the most significant part of the Mississippi law is that it bans abortion — with a few narrow exceptions, such as medical emergencies or severe fetal abnormalities — before viability

The US Supreme Court has signalled it will allow states to ban abortion much earlier in pregnancy - and may even overturn the nationwide right that has existed for nearly 50 years . © AP 0212abortion-supreme-court. In the biggest challenge to abortion rights in decades, all six conservative justices indicated on Tuesday they would uphold a Mississippi law that imposes a 15-week termination limit. Such a move would at the very least undermine the court’s historic 1973 Roe v Wade decision

It might happen this time, after arguments Wednesday during which conservative justices suggested support for overruling Roe. The landmark decision could also emerge significantly diminished but not dead when the court decides what to do with Mississippi's 15-week ban on abortions, probably in late June.

Anti-abortion and Abortion rights advocates demonstrate in front of the U.S. Supreme Court Wednesday, Dec. 1, 2021, in Washington, as the court hears arguments in a case from Mississippi, where a 2018 law would ban abortions after 15 weeks of pregnancy, well before viability. (AP Photo/Jose Luis Magana) © Provided by Associated Press Anti-abortion and Abortion rights advocates demonstrate in front of the U.S. Supreme Court Wednesday, Dec. 1, 2021, in Washington, as the court hears arguments in a case from Mississippi, where a 2018 law would ban abortions after 15 weeks of pregnancy, well before viability. (AP Photo/Jose Luis Magana)

Under Chief Justice John Roberts the court has issued several rulings over the years that resolved important cases in surprising ways. Roberts' handiwork produced the opinion that saved the Affordable Care Act in 2012 by a single vote.

Everyone Expects the Supreme Court to Uphold or Overturn Roe. But There’s Another Option.

  Everyone Expects the Supreme Court to Uphold or Overturn Roe. But There’s Another Option. The escape hatch from this abortion battle that terrifies conservatives.Each side of this showdown has generally framed Dobbs as a one-question test with a yes-or-no answer: Should the Supreme Court uphold or abolish the constitutional right to abortion before fetal viability? Each side agrees that the outcome lies in the hands of three justices who make up the center of this hard-right court: John Roberts, Brett Kavanaugh, and Amy Coney Barrett. Legal advocates have aimed every argument at this powerful new troika.

The Mary Sue 14 hrs ago Vivian Kane. This Wednesday, December 1, the U.S. Supreme Court will hear oral arguments in Dobbs v . Jackson Women’s Health Organization, the most serious and really the first direct challenge to Roe v . Wade since that landmark case was decided nearly 50 years ago . We will likely have more information up tomorrow about how the day goes, as well as coverage of the massive protests planned, but for now, it seems worth it to give at least a brief explainer of what this case entails and what sets it apart from all the other horrifying challenges to abortion rights we’ve

Mississippi has called on the Supreme Court to overturn legalised abortion in a case that directly challenges the historic 1973 Roe v Wade ruling. If successful, America’s abortion policies could be transformed. The decision may not come until next spring. The BBC spoke to protesters and abortion supporters outside the last abortion clinic in Mississippi.

But the conservatives' searing defeat in 1992, when the court unexpectedly reaffirmed Roe in its decision in Planned Parenthood v. Casey, has in some ways helped produce a court that appears less likely to settle on some middle ground on abortion.

“Casey strengthened the anti-abortion movement’s and conservatives' desire to make sure there would be no more justices who looked like they would be conservative but who did not vote conservatively,” said Suzanna Sherry, a professor at Vanderbilt University's law school.

The court has changed even during Roberts' tenure, as a result of three appointees of former President Donald Trump who were vetted by an active and exacting conservative legal movement.

Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett had long conservative records as judges — or in Barrett's case, as an academic before becoming a judge. Both Gorsuch and Kavanaugh worked in the administration of George W. Bush.

Dobbs v. Jackson Women's Health Organization: What to watch for as the Supreme Court reconsiders Roe v. Wade

  Dobbs v. Jackson Women's Health Organization: What to watch for as the Supreme Court reconsiders Roe v. Wade The Supreme Court hears oral arguments Wednesday in a case that could result in the repeal of Roe v. Wade, the decision legalizing abortion nationwide that's been at the center of American politics for nearly 50 years. © Kevin Dietsch/Getty Images Activists protest during a demonstration outside of the Supreme Court on October 4, 2021, in Washington. Here are the key details: How to listen and follow along Arguments begin at 10 a.m. ET. The court still doesn't allow TV cameras, but it has finally relented on live audio. You can listen on CNN.com and follow along with our live coverage.

Roe has been law for nearly 50 years . Will that matter? CNN's Ariane de Vogue writes that if the court overturns Roe , it could go "to the stability of the court as an institution." She writes: "Put another way: if the court uses cases as building blocks to construct the rule of law, what happens when one block If Roe v . Wade were overturned by the Supreme Court, the Guttmacher Institute estimates a full ban on abortion would likely take effect in 26 states. This could potentially lead to millions of people traveling outside their state to reach the nearest clinic in a nearby state not expected to ban access to the

Roe has been precedent for nearly 49 years – longer than most cases that have been overruled but not unprecedented. Share of all cases overturned by the US Supreme Court by age of case. If overturned this term, Roe v . Wade would belong here. Former President Donald Trump nominated three conservative justices to the Supreme Court — Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett — all of whom acknowledged Roe v . Wade as precedent, but did not say whether they would uphold it or overturn it .

And it's not just abortion. The justices seem likely to expand gun rights and religious freedom before the term ends, and the future of affirmative action in college admissions also is teed up for the court's consideration sometime in the next year.

The Roe and Casey courts had justices that are “night and day away from the judicial philosophies and approaches of the current court,” said Notre Dame law professor Sherif Girgis.

New York University law professor Melissa Murray said the new justices embrace “a kind of a conservatism that does not brook compromise. It’s unyielding in its purity.”

With a 6-3 conservative majority, the court has taken on cases, including the current controversies over abortion and guns, that it passed over before all three Trump appointees came on board.

Until 2018, there were five justices who voted consistently to protect abortion rights — four liberals and Justice Anthony Kennedy, the court's swing vote.

Even when Kennedy retired and was replaced by Kavanaugh, there remained four liberal votes and Roberts, with concerns about the perception of his court as a political institution, seemed disinclined to take big steps on abortion. Indeed, he wrote the controlling opinion last year that struck down a Louisiana law regulating abortion clinics.

Abortion: Challenge to Mississippi law could provide answer to Roe v. Wade's fate

  Abortion: Challenge to Mississippi law could provide answer to Roe v. Wade's fate At stake in the case is a Mississippi law banning most abortions after 15 weeks of pregnancy as well as the Supreme Court's commitment to Roe v. Wade.In the most closely watched dispute the high court has tackled in years, the justices will consider not only whether to uphold the Mississippi law but whether to overturn its 1973 decision in Roe v. Wade that established a constitutional right to abortion.

Then Justice Ruth Bader Ginsburg died in September 2020 and was replaced by Barrett just days before Trump lost his reelection bid.

If Roberts is intent on finding a way out of the Mississippi case without explicitly overruling Roe and Casey, he probably will need support from at least one of the Trump appointees.

But Girgis said it was particularly notable during Wednesday’s argument that “no one seemed interested in the chief justice’s middle ground.”

Murray agreed that Roberts appeared “all alone” Wednesday, unlikely to be able to leverage interest in concern about the court as an institution to broker some sort of compromise.

On the other hand, Sherry thought she heard the makings of a decision that would leave Roe standing but remove viability, at roughly 24 weeks of pregnancy, as the point before which states cannot ban abortion.

Such an outcome still would be a sweeping change in abortion law, Murray said, although she acknowledged it would “in some quarters be hailed as a compromise, if not a victory.”

Supreme Court arguments can offer a preview of what the justices are thinking, but they don’t always telegraph the final result. Behind the scenes the justices can spend months crafting opinions. Occasionally, as the writing progresses, votes can change.

It happened in 1992, when Kennedy joined with Justices Sandra Day O’Connor and David Souter to form a surprising Republican-appointed trio that produced the heart of the court's opinion that reaffirmed the right to an abortion, even as it allowed states more leeway in regulating them.

But just because it happened before doesn't mean it will happen this time.

“It's too quick to infer from the way these cases have gone before that this one will go the same way,” Girgis said.

What Roe Could Take Down With It .
The logic being used against Roe could weaken the legal foundations of many rights Americans value deeply.Many of the dangers of overruling Roe have been long discussed. If women lose the right to an abortion, pregnancy-related deaths are estimated to rise substantially and suddenly. (Currently, 26 states have so-called trigger laws on the books that would outlaw most abortions the moment the Court reverses Roe.) The impact of Roe’s fall would hit low-income women especially hard, as they’re five times as likely as affluent women to experience unplanned childbearing and twice as likely to face sexual violence.

usr: 1
This is interesting!