The leaking of a draft with the majority opinion of the conservative wing of the court anticipates a real political and social earthquake
The first leak in the history of the US Supreme Court last night suddenly woke up the millions of Americans dozing in front of the television after dinner. According to the document to which Politico has had access, the country’s highest court voted in December to invalidate the historic Roe vs. Wade decision, which in 1973 legalized abortion at the federal level “until the fetus is viable,” which allowed the procedure. up to 23 weeks.
Throughout the winter, the nine members of the high court have worked on the drafting of the historic sentence leaked yesterday from a draft by Judge Samuel Alito, representing the conservative majority, who would have written those 98 pages in February before circulating it among his fellow judges. According to that, the ruling does not contemplate any exception in case of rape, incest or danger to the mother, so it will make criminals millions of girls and women who seek to interrupt their pregnancy according to the policies of each state of the Union, in whose hands he has left it.
“The Constitution makes no reference to abortion and there is no such right implicitly protected by any constitutional clause,” concludes the judge appointed by Bush in 2006.
The Christian right had been waiting for decades for this moment, which finally arrived last night, although it is not official, because the court is still polishing its legal opinions on the case, which it will not make public until the end of June. Even so, it was a real political and social earthquake for the country that, if the ruling is confirmed, will join the infamous club of the only three countries that have restricted the right to abortion since 1994 –Poland, Nicaragua and El Salvador-. In the 21st century, when Mexico has just approved it, the US would go back half a century ago thanks to the vote of three ultra-conservative judges appointed by Donald Trump and another three appointed by Bush son and Bush father. That is the super conservative majority of the Supreme Court that, after knocking down a right as assumed as that of abortion, proves to be capable of undertaking it against any other.
Once confirmed, the ruling will automatically invalidate abortion in at least twenty states where the Republican Party has approved draconian laws in their state legislatures, such as those in Texas or Oklahoma, which even contemplate up to $20,000 in compensation for any family member of the fetus. sue the doctor who performed the abortion. A number of Democratic-led states, such as Michigan, have preemptively passed laws that would kick in if the federal law is overturned to protect the right on that state’s terms, at least until Congress acts.
Six months before the November legislative elections in which everyone expects Joe Biden’s party to lose control of the cameras, this court ruling puts abortion at the center of the campaign and can turn the bets around. The only way to protect this and other rights would be to give the Democrats a clear majority that allows them to shield them, but for that the mobilization of the street would have to be even greater than the one that served to banish Trump from the White House.
The Supreme Court has neither affirmed nor denied the legitimacy of the document leaked by Politico, which has undoubtedly already gone through several editions. The simple “no comment” that journalists have encountered has been disturbing enough. In ruling, the judges of the Supreme Court were examining the law enacted in Mississippi, the poorest state in the country, where as soon as it is made public, women will have to travel to be able to legally interrupt their pregnancy after 15 weeks or go back to clandestine interventions that have cost so many lives in the past. At this point in pregnancy, many women have just found out that they are pregnant.
It is possible that one of the judges will change the vote when reading the arguments of the dissenting opinion, which has not been leaked, but nobody trusts it.
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