The first consequences have already been seen. The Supreme Court, by abolishing the Roe vs. Wade of 1973 eliminated the right to abortion in the United States at the federal level. Now individual states are free to enforce their laws on the matter: 13 states have laws banning termination of pregnancy that are set to go into effect in the next 30 days.
One of the most restrictive regulations is that ofOklahoma, which forbids it “from the moment of conception”. The only exceptions are cases of rape and incest, only if first reported to the police. Louisiana, South Dakota, and Kentucky have laws ready, and Idaho and Michigan are also as close as Georgia, South Carolina, Ohio, and Iowa.
The Missouri has already announced that it is the first state to ban abortion. The announcement of the Texas where the structures that offer abortions can already be considered criminally liable. The lawsuit that led to the Supreme Court ruling was born from one of these structures.
The case is “Dobbs vs. Jackson Women’s Health Organization“. The only clinic left in Mississippi to practice abortion had sued, but the judges upheld state law prohibiting termination of pregnancy after 15 weeks. The device reads: «Roe vs Wade was blatantly wrong from the start. His reasoning was exceptionally weak, and the decision had detrimental consequences. Abortion presents a profound moral question. And the Constitution does not confer the right to abortion“. The issue was not to be resolved by the judges but through elected citizen representatives in Congress and the White House.
There is no right to abortion in the US Constitution, but it is the sentences that make jurisprudence. The right to terminate a pregnancy comes from the 1973 “Roe vs Wade” without. The Supreme Court then recognized the right to terminate the pregnancy to the Texan Norma McCorvey. He did so, however, when the child, it will be discovered years later, was already born and had been given up for adoption.
Norma McCorvey, known for privacy as Jane Roe, was chosen by a group of lawyers led by Sarah Weddington. She was not an activist, she died as an anti-abortionist. She was pregnant with her husband’s third child, violent and with alcoholism problems. Beaten up as a child, single mother and alcoholic, she sued to terminate the pregnancy. She had won and for this the State of Texas had resorted to the Suprema Corta, represented by the lawyer Henry Menasco Wade.
That ruling led to the federal right to abortion: “The court declared the statute on abortion null and void as it is vague and excessively harmful to those who appeal to the Ninth and Fourteenth Amendments”. Before, it was every state that deliberated (more than half considered it a crime) and we return to this.
There are those who announce restrictive laws and those who keep the right and the laws they already have. “Access to abortion is a fundamental human right and remains safe, accessible and legal in New YorkSaid Kathy Hochul, governor of the state. The mayor of New York reiterated the same: «To those who want an abortion in the country, know that you are welcome here. We will make every effort to ensure that reproductive services remain available and accessible to you. ‘ They also defend the right California, Oregon and Washington State. Governors today issued a multi-state pledge to defend access to reproductive healthcare, including abortion and contraceptive systems, and pledged to protect patients and doctors against efforts by other states to export their bans to the termination of pregnancy in our states “.
Congress will be called upon to pass a law and how restrictive it will be will depend on composition of the Legislative Assembly after the Midterm elections in November. The issue will certainly be at the center of the election campaign. The law needs a majority of the House and at least 60 votes out of 100 in the Senate (now divided sharply in half), in addition to the signature of the president Biden who has already said that he is against the sentence.
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Source: Vanity Fair
