From the BBC:
“Roe v Wade: US Supreme Court
ends constitutional right to abortion”
(A map shows which states have
legislation prepared to affect abortion in the event of Roe v Wade being
overturned)
Millions of women in the US will
lose the constitutional right to abortion, after the Supreme Court overturned
its 50-year-old Roe v Wade decision. The judgement paves the way for individual
states to ban the procedure. Half are expected to introduce new restrictions or
bans. Thirteen have already passed so-called trigger laws to automatically
outlaw abortion. President Joe Biden described it as "a tragic error"
and urged states to enact laws to allow the procedure. After the Supreme Court
ruling, abortion access is expected to be cut off for about 36 million women of
reproductive age, according to research from Planned Parenthood, a healthcare
organisation that provides abortions. Demonstrators from both sides had
gathered outside the court, with police keeping them apart. One anti-abortion
activist told the BBC she was "elated" as her side cheered the
decision. "It's not enough just to make this the law of the land. To be
pro-life is to make [abortion] unthinkable," she said. Across the divide,
pro-choice supporters decried the decision as "illegitimate" and even
a form of "fascism".
The BBC's Samantha Granville,
reporting from an abortion clinic in Little Rock, Arkansas, said that as the
ruling was posted, doors to the patient area were shut and the sound of distant
sobbing could be heard before she was asked to leave. The state is one of those
subject to a trigger law. The landmark 1973 Roe v Wade case saw the Supreme
Court rule by a vote of seven to two that a woman's right to terminate her
pregnancy was protected by the US constitution. The ruling gave American women
an absolute right to an abortion in the first three months (trimester) of
pregnancy, but allowed for restrictions in the second trimester and for
prohibitions in the third. But in the decades since, anti-abortion rulings have
gradually pared back access in more than a dozen states.
In its current session, the
Supreme Court had been considering a case, Dobbs v Jackson Women's Health
Organization, that challenged Mississippi's ban on abortion after 15 weeks. By
ruling in favour of the state, the conservative-majority court effectively
ended the constitutional right to an abortion. Five justices were firmly in
favour: Samuel Alito, Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy
Coney Barrett. Chief Justice John Roberts wrote a separate opinion saying that,
whilst he supported the Mississippi ban, he would not have gone further. The
three justices who disagreed with the majority - Stephen Breyer, Sonia
Sotomayor and Elena Kagan - wrote that they had done so "with sorrow - for
this court, but more, for the many millions of American women who have today
lost a fundamental constitutional protection".
Friday's ruling amounts to a
wholesale reversal of the Supreme Court's own legal precedent - an extremely
rare move - and is likely to set up political battles that divide the nation. In
states where opinions on abortion are closely split - such as Pennsylvania,
Michigan and Wisconsin - the legality of the procedure could be determined on
an election-by-election basis. In others, the ruling may set off a new round of
legal battles, including over whether individuals can go out of state for
abortions or order abortion drugs through mail services. Denouncing the Supreme
Court ruling, President Biden told women in states where it was banned to
travel to those where it was not. Democratic governors of several states
including California, New Mexico and Michigan have already announced plans to
enshrine abortion rights within their constitutions.
Joyous or heart-wrenching day?
Governor of Mississippi Tate Reeves quickly welcomed the ruling, saying his
state had "led the nation to overcome one of the greatest injustices in
the history of our country". "This decision will directly
result in more hearts beating, more strollers pushed, more report cards given,
more little league games played, and more lives well lived. It is a joyous
day!" he wrote. Former Vice-President Mike Pence, a long-standing
critic of Roe v Wade, urged supporters not to stop until "the sanctity of
life" was protected by law in every state. On the other side of the
divide, Democratic Speaker of the House Nancy Pelosi said that "the
Republican-controlled Supreme Court" had achieved that party's "dark
and extreme goal". "American women today have less freedom
than their mothers," she wrote. "This cruel ruling is outrageous and
heart-wrenching." The reversal of a long-standing precedent has
also raised fears for other rights decided upon by the Supreme Court in the
past. Justice Clarence Thomas, in his opinion, wrote: "In future
cases, we should reconsider all of this Court's substantive due process
precedents, including Griswold, Lawrence, and Obergefell" - referencing
three landmark decisions of the past on the right to contraception, the repeal
of anti-sodomy laws, and the legalisation of same-sex marriage respectively.
^ All I will say is this: You can’t
be against Abortion and for the Death Penalty the same way you can’t be against
the Death Penalty and for Abortion. Both equally take a life. ^
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