The Supreme Court on Thursday sent three abortion-related cases back to lower courts for reconsideration now that the court has overturned the ruling in Roe v. Wade, ending constitutional protections to obtain an abortion.
The move reflects the dramatically altered legal landscape surrounding abortion following the Supreme Court’s new ruling, issued last week in Dobbs v. Jackson Women’s Health.
Two of the cases concerned measures that states passed banning wanted abortions just because the fetus had been diagnosed with certain genetic abnormalities. Following last week’s ruling in Dobbs, one of the states, Arkansas, enacted a total ban on abortion.
In Arizona, the other state seeking to reactivate a ban on abortions because of genetic abnormalities, the state’s attorney general, Mark Brnovich, has vowed to revive a 1901 law that criminalized abortion, and some clinics have stopped offering the procedure.
Meanwhile, the Supreme Court said on Friday that, in the case of genetic abnormalities, a court order suspending the law had been suspended.
The third case before the Supreme Court concerned an Indiana parental notification law. As in Arizona, abortion remains legal in Indiana, although the state’s Republican leaders are planning to reconvene the legislature later this summer to consider additional anti-abortion measures.
Due to lower court rulings citing now-defunct Supreme Court precedents favoring abortion rights, Indiana failed to implement the 2017 law. It requires minors who have obtained a judge’s permission to obtain an abortion to notify their parents before the abortion is performed.
The Supreme Court, having decided the term’s big Second Amendment case invalidating a New York law that restricted where people could carry a concealed weapon in public, also sent several cases where they were sitting back to lower courts for further deliberation.
The lower courts will review the majority opinion of Judge Clarence Thomas, who changed the way judges should review gun laws, to reconsider disputes they had previously decided.
Source: CNN Brasil