The Supreme Court of the United States begins this Wednesday (1) a historic judgment, which could change the jurisprudence of nearly 50 years on abortion in the country. The oral arguments of the Dobbs v. case will be presented. Women’s Health Organization, whose results should only be known in mid-2022.
The court can change or overturn decisions in Roe v cases. Wade (1973) and Planned Parenthood v. Casey (1992), when the Supreme Court ruled that American states cannot prohibit abortion before so-called viability – the minimum gestation period for a fetus to survive outside the womb, now estimated at around 24 weeks.
Discussion of the case began when the Women’s Health Organization filed suit in lower federal court to challenge a law passed in Mississippi in 2018 that prohibits abortion after 15 weeks of pregnancy, except in situations to save life and preserve health. mother’s physical condition or severe fetal abnormality.
In response, the state of Mississippi appealed to the Supreme Court in the fall of last year, asking judges to decide whether all of the country’s prohibitions on pre-feasible abortions are unconstitutional.
With a Supreme Court now with a conservative majority of six out of nine judges, redesigned by three nominations from former President Donald Trump (2017-2021), pro-abortion and pro-life activists agree that jurisprudence has never been closer in decades of be changed.
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According to the Guttmacher Institute, a research organization that supports abortion, the overthrow of Roe v. Wade would have 26 US states restrict or attempt to restrict abortion immediately.
“It is not possible to conclude in advance that the Supreme Court will set aside five decades of precedent to overthrow Roe v. Wade and allow the states to ban abortion. However, by accepting the case, the court has indicated that it is willing to review the legality of abortion,” argued the institute in a statement.
“Furthermore, the court’s decision of September 1, in which it refused to suspend the entry into force of an unconstitutional abortion ban after six weeks (gestation) in Texas (by five votes to four), could be an indicator of its intention”, he added.
For its part, the pro-life organization Susan B. Anthony List highlighted, also in a statement, that “Supreme Court decisions, such as Roe v. Wade, they imposed abortion on the American people, but they didn’t result in definitive abortion laws.”
“In fact, the American people have been speaking out through their state legislatures, with more than 540 pro-life bills introduced this year alone, of which 69 have already been enacted into law,” the organization noted.
“Elected state and federal officials, representing their constituents, must be able to protect unborn children from brutal abortions. Laws like Mississippi’s would bring the United States closer to the international trend. According to a comprehensive analysis by the Charlotte Lozier Institute, 47 out of 50 European countries limit elective abortion before 15 weeks,” he reported.
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