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USAlabama's Abortion Ban Has A Clear Target: Roe v. Wade

02:05  16 may  2019
02:05  16 may  2019 Source:   huffingtonpost.com

As States Race to Limit Abortions, Alabama Goes Further, Seeking to Outlaw Most of Them

As States Race to Limit Abortions, Alabama Goes Further, Seeking to Outlaw Most of Them Amid a flurry of new limits on abortion being sought in states around the nation, Alabama is weighing a measure that would go further than all of them — outlawing most abortions almost entirely. require(["medianetNativeAdOnArticle"], function (medianetNativeAdOnArticle) { medianetNativeAdOnArticle.getMedianetNativeAds(true); }); The effort in Alabama, where the State Senate could vote as soon as Thursday, is unfolding as Republicans, emboldened by President Trump and the shifting alignment of the Supreme Court, intensify a long-running campaign to curb abortion access.

Alabama Gov. Kay Ivey (R) approved a near-total abortion ban on Wednesday aimed at the United States Supreme Court and designed to overturn Roe Roe v . Wade makes it clear that women have a right to abortion guaranteed by the 14th Amendment, but the Alabama measure almost universally

Alabama Governor Kay Ivey signed a bill on Wednesday that would effectively ban abortion in the state, with no exceptions for rape or incest, prompting an outcry from abortion rights activists across the country and setting up a challenge to Roe v . Wade that could result in a Supreme Court battle.

Alabama's Abortion Ban Has A Clear Target: Roe v. Wade© ASSOCIATED PRESS Alabama Gov. Kay Ivey (R) signed a controversial bill effectively outlawing abortion in her state on Wednesday. Alabama Gov. Kay Ivey (R) approved a near-total abortion ban on Wednesday aimed at the United States Supreme Court and designed to overturn Roe v. Wade, the landmark 1973 decision establishing a woman’s right to an abortion under the U.S. Constitution.

Roe v. Wade makes it clear that women have a right to abortion guaranteed by the 14th Amendment, but the Alabama measure almost universally prohibits abortions. Doctors who perform an abortion are to be subject to at least 10 and as many as 99 years in prison. The only exception in the legislation is if a pregnancy puts a woman’s life at risk.

Alabama Lawmakers Vote to Effectively Ban Abortion in the State

Alabama Lawmakers Vote to Effectively Ban Abortion in the State The Alabama Senate approved a measure on Tuesday that would outlaw almost all abortions in the state, setting up a direct challenge to Roe v. Wade, the case that recognized a woman’s constitutional right to end a pregnancy. 

Planned Parenthood condemns bill, which would ban almost all abortions , as ‘death sentence for women’.

Alabama lawmakers voted to effectively ban abortion Tuesday, passing the most restrictive anti-choice law in the country in a direct challenge to Roe v . Wade . The bill approved by the Senate Tuesday and the Alabama House last month bans abortions at all phases. Doctors could face up to 99 years in

The law is set to become effective in six months.

The legislation comes after Brett Kavanaugh’s appointment to the Supreme Court last year emboldened anti-abortion activists who believe the conservative jurist may finally provide a fifth vote on the court to overturn Roe. Several other states have recently moved to outlaw abortion around six weeks into a pregnancy, leaving women with little time to know they are pregnant, let alone decide to get an abortion.

The American Civil Liberties Union and other groups will quickly challenge the law, said Alexa Kolbi-Molinas, staff attorney for the ACLU Reproductive Freedom Project.

Such a suit would have to go to a federal district court and then the U.S. Court of Appeals for the 11th Circuit before reaching the Supreme Court.

Alabama Aims Squarely at Roe, but the Supreme Court May Prefer Glancing Blows

Alabama Aims Squarely at Roe, but the Supreme Court May Prefer Glancing Blows WASHINGTON — Abortion rights are at risk at the Supreme Court, but the short-term threat may not come from extreme measures like the one passed by Alabama lawmakers on Tuesday. The court led by Chief Justice John G. Roberts Jr. is more likely to chip away at the constitutional right to abortion established in 1973 in Roe v. Wade than to overturn it outright. It will have plenty of opportunities to do so. As soon as Monday, the court could announce whether it will hear challenges to three provisions of Indiana abortion laws on issues like the disposal of fetal remains and an 18-hour waiting period after state-mandated ultrasound examinations.

With Alabama directly challenging the historic abortion rights case Roe v Wade , making it illegal with doctors facing 90 years in jail, I thought a video was in order. Amber Ruffin Explains Alabama ’ s Abortion Ban - Продолжительность: 2:52 Late Night with Seth Meyers 377 495 просмотров.

Alabama state lawmakers pass an abortion ban in hopes of a Supreme Court challenge that overturns Roe v . Wade .. Critics says the pro-life law could spur

Lower courts are likely to quickly block the measure because it is so clearly at odds with Supreme Court precedent on abortion, said Carolyn Shapiro, an associate professor at the Chicago-Kent School of Law who previously served as the solicitor general of Illinois. The case would likely take a few years to get to the U.S. Supreme Court, said Kolbi-Molinas.

The legislation’s supporters don’t even expect lower courts to uphold it, The New York Times reported, but the goal is to get a lawsuit to the Supreme Court where five justices might be willing to uphold the measure.

“It’s about trying to get the Supreme Court to reverse Roe ... The more extreme the ban, and this one is pretty darn extreme, the more cued up it is for the court to actually do that,” Shapiro said. “They want to take something to the court that clearly will answer the question of whether Roe is the law of the land, remains the law of the land.”

Abortion ban reaction: Democrats erupt, Republicans stay quiet as both sides see an impact in the 2020 election

Abortion ban reaction: Democrats erupt, Republicans stay quiet as both sides see an impact in the 2020 election The Democratic presidential contenders cast the nation’s strictest ban as a severe blow to women’s rights, while Republicans on the ballot in 2020 did not want to talk about it

"It is important that we pass this statewide abortion ban legislation and begin a long overdue effort to directly challenge Roe v . Wade ," Alabama Lieutenant Kay Ivey (though Ivey said yesterday that she would "withhold comment until she has had a chance to thoroughly review the final version of the bill

Alabama has the sixth-lowest percentage of women in a state legislature nationwide. "This is the most extreme and dangerous policy since Roe vs . Wade , banning abortion at any point in pregnancy — going so far as to threaten doctors with life-in-prison," Dr. Leana Wen

But Lawrence Tribe, a law professor at Harvard, doubts the Supreme Court will even take the case if the 11th Circuit upholds a ruling from the district court blocking the law.

“This clumsy gambit will be a total flop,” he wrote in an email.

Alabama's Abortion Ban Has A Clear Target: Roe v. Wade© ASSOCIATED PRESS Alabama lawmakers passed a measure Tuesday evening that bans abortion in the state. Courts generally do not frequently overrule themselves, but it does happen. A key part of the American legal system is a legal principle called stare decisis ― the notion that courts should rule in a way that is consistent with prior rulings on an issue. The principle provides critical consistency to the rule of law across generations.

But the U.S. Supreme Court has repeatedly noted that “stare decisis is not an inexorable command” and has shown a willingness to overrule a prior case when the court’s makeup changes or a majority of justices feel the original ruling was incorrect. The Supreme Court overruled a decades-old precent on state sovereignty this week, prompting Justice Steven Breyer to publicly wonder which precedents the court would overrule next.

Abortion Opponents Think They’re Winning. Have They Set Themselves Up to Fail?

Abortion Opponents Think They’re Winning. Have They Set Themselves Up to Fail? Alabama, Georgia and the fetal personhood trap.

Anti-abortion advocates are hoping Kavanaugh and a majority of justices on the court will be willing to do this with the Alabama case.

Shapiro said it is not unusual for lawmakers to pass laws like the one in Alabama to test the Supreme Court.

“I’m pro-choice. I’m pro-autonomy. But I don’t think it’s an illegitimate thing for legislatures to pass laws designed to challenge constitutional precedent that they think are wrong,” she said.

“That’s how precedents change,” said Leah Litman, an assistant professor at University of California, Irvine law school. “In order to overturn precedent, they have to have a set of facts that implicates that question. States try to do things that are unconstitutional all the time.”

“Usually no one thinks anything of it, because they don’t think the court is gonna be overturning precedent willy-nilly,” she continued. “Clearly, these states don’t think that’s the case for Roe.”

Roe has set one of the most controversial precedents over the last four decades, and the Supreme Court has had several chances to revisit it. In a 1992 case, Planned Parenthood of Southeastern Pennsylvania v. Casey, the Supreme Court upheld Roe’s central protection of a right to abortion but gave states more leeway than Roe did to regulate them. The case also directed courts to use a weaker standard when evaluating abortion restrictions.

Abortion bills push women's reproductive rights into political spotlight

Abortion bills push women's reproductive rights into political spotlight Eight months after the contentious hearings over Supreme Court Justice Brett Kavanaugh, progressives fear that the most dire warnings of abortion rights groups are now coming to fruition. require(["medianetNativeAdOnArticle"], function (medianetNativeAdOnArticle) { medianetNativeAdOnArticle.getMedianetNativeAds(true); }); This week, Alabama passed the country's most restrictive abortion ban, soon followed by Missouri passing its own strict anti-abortion legislation.

In 2007, the Supreme Court upheld a ban on a specific type of abortion method seven years after striking down a similar law in Nebraska. In 2016, the Supreme Court struck down two parts of a Texas law that required abortion clinics to meet the standards of ambulatory surgical centers and doctors who performed abortions to have admitting privileges at a local hospital. Justice Anthony Kennedy, whom Kavanaugh has replaced, sided with the court’s more liberal justices in that case.

In February, Chief Justice John Roberts sided with the court’s liberal justices to stop a similar law in Louisiana from going into effect while the state appealed a lower court ruling.

There are also multiple pending cases the Supreme Court could act on before it even considers the Alabama law.

Although the sweeping nature of the Alabama law is getting widespread attention, Kolbi-Molinas and Litman said the court could essentially gut Roe before it even hears the case. If it were to reverse its 2016 ruling and uphold the Louisiana law restricting the kinds of doctors who can perform abortions, it would effectively outlaw the procedure while Roe remains on the books.

“States don’t have to ban abortion, pass abortion bans, and the Supreme Court doesn’t have to overturn Roe to basically render the right pretty much meaningless for people in this country,” she said.

This article originally appeared on HuffPost.
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