Correspondent ‘s analysis “Take This Seriously” – If America’s abortion law collapses, it may be just the beginning

Washington

In the news in the United States, but an exceptional number of words such as chaos, earthquake and disaster.

There is a leak that five of the nine judges of the Supreme Court appear to be in favor of the two main preliminary rulings on abortion (Roe v. Wade 1973 and Planned Parenthood v. Casey 1992).

If this happens, the federal government will no longer protect women’s right to abortion.

Therefore, at least 13 states have hopefully already passed “trigger laws” that would virtually ban abortion almost completely. In several other states is being prepared blackmail into abortion legislation.

Is estimatedthat abortion could become illegal in more than half of the 50 states in the United States. It would affect millions of women.

The right to abortion fate itself is not the only thing that leaks excite. Almost as much has been said about the status of the Supreme Court and its disintegration.

The judges are appointed by the president. The choices are political in the sense that Republicans appoint conservative law interpreters and Democrats appoint liberals.

However, the Supreme Court has not really been considered a political body. The idea is that each judge will interpret the law to the best of his or her ability. They should not seek legal legitimacy for the things they want to promote, but act as “pure” interpreters of the Constitution.

Since the 1970s, the Supreme Court has sat down with middle-line judges who are in between tilted in their views to the right and occasionally to the left. This changed when Amy Coney Barrett your ears Ruth Bader Ginsburgin in 2020. As a result, the law became firmly conservative, and the balance of power fluctuated between 6 and 3.

Scholars have also characterized the current jury aggressive and shameless conservative, suggesting that it really seems to seek to address the cases that divide society most strongly.

Weapons laws, for example, are already under discussion (New York State ‘s exceptionally tight gun laws could be interpret unconstitutional) and positive discrimination (universities may no longer be able to book some places, for example, for blacks or Latinos).

Examples of the politicization of justice are also seen when Republicans blocked the president Barack Obama appointing its own candidate Merrick Garlandia to the Supreme Court in 2016. Brett Kavanaugh’n the appointment, in turn, was bitterly fought in 2018.

Admittedly, it was already known in 1987, when the Democrats attacked violently Ronald Reagan candidate Robert Borkia against and prevented him from being elected.

Read more: Ketanji Brown Jackson is the new judge of the Supreme Court – She is a black woman and therefore the road to the appointment was ugly in some places

This as a result of development, the Supreme Court appears to many Americans only as an extension of party politics, as one indication of the dichotomy of America.

Over the past week, several experts have expressed concern about what will happen if the Supreme Court moves in a different direction than the nation.

One answer is that its legitimacy is shaken. If voters and politicians begin to question the authority of the Supreme Court as the supreme interpreter of the law, the ingredients of social turmoil will begin to pile up.

The reputation of American democratic institutions has been dragged on one after another. The Supreme Court is the latest tick in the box.

Americans ’view of the Supreme Court has already become more negative. Within a year and a half, the number of Americans who welcome it is decreased 16 percentage points.

Question the right to abortion is particularly tearful because at its core is the question of which matters fall within the individual’s freedom of choice.

At the heart of the interpretation of the law is the Constitution 14. increaseto which the 1973 Roe v. Wade decision is also based. It said the ban on abortion violated the constitutional right to privacy. Same addition protects also other rights which the State has not deemed appropriate to intervene.

That is why many are now wondering if Roen pouring the only goal.

“They’re not going to stop here. Who knows what they will be attacking next? ” participated in the demonstration Ryleigh Brown told HS on Tuesday before the Supreme Court, which has been protesting for a week.

Expert commentators are pondered, prevention or the rights of sexual minorities, such as the equal right to marriage, could be addressed. At the same time, these arguments are on the other side stamped as unnecessary intimidation.

According to legal scholars, the concern is justified.

“Take this seriously,” the prosecutor who served during Obama’s time Joyce Whit Vance wrote on Twitter. According to him, the rights of contraception and abortion are based on the same line of interpretation of the Constitution. “If Roe other rights in the same branch are also vulnerable. “

One The main criticism of those who oppose the overthrow of Roe is that there is no particular compelling reason to consider the right to abortion right now. Americans ’attitudes toward abortion, for example, have hardly changed.

Independent Pew Research Institute by the majority of Americans – about six in ten – believe that abortion should be legal in all or most cases.

A recent poll by 66% think not Roeta should be overthrown.

“It [aborttioikeus] is under threat because five current Supreme Court justices don’t like it, ”wrote The New York Times in its editorial.

Liberals’ dissatisfaction with the Supreme Court is compounded by the fact that the United States currently has a Democratic president, in addition to which the lower and upper houses of Congress are led by Democrats.

They would not want to transfer the decision on the right to abortion to the states. Yet they look powerless in front of nine people.

It makes you wonder who in America really decides the laws.

It is up to politicians to legislate, and it is up to judges to interpret them.

However, Congress is in the knot because the constitution has allowed a minority to hold back and block legislative work. Because of this practice, known as filibuster, it is difficult to legislate in a badly divided country.

A lot is played with presidential decrees that are easily overturned when power changes. Long-term legislative work shines through in its absence.

Congress would in principle the opportunity to take power into their own hands and pass a law that makes abortion legal in every state in the United States.

That path also looks very difficult.