Conservative majority in U.S. Supreme Court appear to want to limit abortion rights

The Biden administration also believes the law goes against Deer vs. Wade, the decision in which the court upheld the right to abortion in 1973. According to the Justice Department, this is also inconsistent with a later ruling in which the court confirmed that women can choose to have an abortion until that the fetus is viable (usually 23 to 24 weeks).

Mississippi wants court Deer vs. Wade setback, jeopardizing the right to abortion across the United States. It is not yet known if the judges will go this far. The final verdict is not expected until June of next year.

Questions from the judges indicate that the majority can give the green light to limit the delay, as is the case in Mississippi law. Since President Trump was given the opportunity to appoint three new judges, the Conservative wing has by far held the majority in the court six to three.

Wrong pronunciation

As a rule, judges follow the principle of respect for previous decisions, especially when it comes to judgments as radical as Deer vs. Wade. However, the more conservative members of the tribunal, Samuel Alito and Clarence Thomas, make no secret that they think the tribunal shouldn’t follow this rule because Deer vs. Wade they thought it was a clear pronunciation error.

Brett Kavanaugh and Amy Comey Barrett, both appointed to the court by Trump, also hinted that they Deer vs. Wade not considered holy. “There are circumstances in which it is possible to have a judgment overturned,” Barrett said.

Kavanaugh seemed to understand Mississippi’s reasoning that the right to abortion is not enshrined in the U.S. Constitution and that abortion is something for states to decide for themselves. “Why should the Supreme Court try this, instead of Congress, states, people solving it?” He asked.

Advocates of the right to abortion fear that a situation could arise where abortion is permitted in one state and prohibited in another, depending on the political climate. “This is an attack on the right of women to make decisions about their own health. It scares me that politicians will decide for me, ”Democratic Senator Patty Murray said of the attempt. Deer vs. Wade to help the soap. Already, many states where Republicans decide have all kinds of measures that make it considerably more difficult for women to have abortions.

The reputation of the tribunal at stake

Liberal justices have warned of damaging the prestige of the court if the majority gives the green light to Mississippi’s abortion law. Confidence in the Supreme Court has dropped dramatically in recent years, according to opinion polls. According to Sonia Sotomayor, things will get worse if the court starts touching on abortion rights now that the Conservatives have won a majority.

With this, the Liberal wing was clearly targeting Tory Chief Justice John Roberts, who has become increasingly concerned about the court’s reputation as an impartial arbiter, especially since the hotly contested nomination of Trump’s candidates. He seemed to be looking for a workaround: Deer vs. Wade but allow restrictions such as Mississippi law.

Roberts wondered what the viability test had to do with women’s freedom of choice over which Deer vs. Wade is based. “Why wouldn’t 15 weeks be enough? He asked. According to him, this would give women enough time to make a decision for themselves.

It is not yet certain that Roberts will join his Conservative colleagues. In any case, it will be a very politically sensitive statement: the Congress elections will follow a few months later. Abortion will then undoubtedly become one of the most important topics for Republicans and Democrats to get their supporters to the polls.