First modification:
The judicial battle persists in the United States, after the Government of President Joe Biden asked the Supreme Court to block the most restrictive of the laws on abortion in the country. The rule, which came into force in September, and has suffered temporary restraints and appeals, is considered “unconstitutional” both by the Administration and by the public.
In its formal request before the highest court in the country, the Administration of President Joe Biden argued that Texas law on abortion makes it impossible for women and pregnant people to exercise their constitutional right to terminate a pregnancy, as recognized in the historic judgment of the Court in the case ‘Roe v Wade’, which established in 1973 the legalization of the procedure throughout the country.
The government also argued that the state rule interferes with the federal government’s operations to provide abortion-related services – since it almost completely prohibits abortion – while noting that it could cause irreparable harm, as well as dangerous constitutionality.
The document calls for the September decision of the Fifth Circuit Court of Appeals, one of the most conservative in the country, to be reversed, and emphasizes how the law is designed to evade, above all, judicial channels.
The Supreme Court is made up of nine judges, three progressive and six conservative, so the Biden Administration of the Democratic Party faces a difficult situation. Another complicated situation, since in September the Court’s first assessment invoked “new procedural issues” to avoid blocking and ruling on the entry into force of the law.
Debate with echo in the state of Mississippi
If controversy has surrounded Texas law so far, it is because it allows citizens to bring any legal action against anyone seeking an abortion or helping to stop a pregnancy, if they believe they are violating the prohibition. For this act, the rule offers a reward of up to $ 10,000 to each plaintiff, provided they win the trial.
For this reason, associations, organizations and citizens affirm that this provision opens the door to act as a bounty hunter against abortion, in a characterization that its defenders reject.
The state of Texas – the second most populous in the nation – prohibits the termination of pregnancy from the sixth week of gestation, when many women still do not know they are pregnant. The measure has only one exception, and it is a well-documented medical emergency, but does not establish exemptions for cases of rape or incest.
Thus, the Supreme Court has asked the state to respond to the request of the Department of Justice before noon on Thursday, October 21.
Already this December 1, the Court is ready to hear one of the most important cases on the abortion law, in a dispute centered on Mississippi legislation that prohibits abortion at 15 weeks of pregnancy.
Mississippi has asked the judges to overturn the ‘Roe v. Wade ‘who, in addition to legalizing abortion in the United States, established the period in which it can be carried out in a “quarter”.
Although the ruling is expected in June 2022, the arguments have already been rejected in previous cases by the same Supreme Court.
With Reuters, EFE and local media
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