Draft indicates US Supreme Court should overturn 1973 abortion ruling

Manifestação pró-vida em frente à Suprema Corte dos Estados Unidos, em janeiro

Pro-life demonstration in front of the US Supreme Court in January| Photo: EFE/EPA/SHAWN THEW

A document that Politico had access to indicates that the United States Supreme Court should overturn the decision in Roe v. Wade, from 1973, who authorized abortion in the country under certain circumstances.

03073535 Politico published on Monday night (2) a draft of a majority decision of the February court, in which Judge Samuel Alito considered that the decision of almost 26 years ago “must be annulled”.

“It is time to pay attention to the Constitution and return the issue of abortion to representatives elected by the people,” added Alito. ” Roe [vs. Wade] was blatantly wrong from the start. Her reasoning was exceptionally weak and the decision had harmful consequences. And far from bringing a national agreement on the abortion issue, Roe and Casey ignited the debate and deepened the divide,” the judge said, also citing the decision in Planned Parenthood v. Casey (from 900), when the Supreme Court reiterated the understanding that US states cannot ban abortion before of the so-called viability – minimum period of gestation for a fetus to survive outside the uterus, currently estimated at about 24 weeks.

According to Politico, a source reported that four of the other judges appointed by former Republican presidents (Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett) accompanied Alito after hearing oral arguments in December, a position that remains unchanged.

03073535The three judges appointed by former Democratic presidents ( Stephen Breyer, Sonia Sotomayor and Elena Kagan) would be working on opposing votes, according to the source heard by Politico. It is unknown how Supreme Court Chief Justice John Roberts would vote – in any case, a majority to overturn the jurisprudence of 1973 would already be formed. The official decision must be announced by July.

03073535A The current Supreme Court discussion began when the Women’s Health Organization filed a lawsuit in lower federal court to challenge a law passed in Mississippi in 2018, which prohibits abortion after 15 weeks of pregnancy, except in situations to save life and preserve the physical health of the mother or serious fetal abnormality.

In response, the state of Mississippi appealed to the Supreme Court in the fall of 03073535 , asking judges to decide whether all pre-feasibility abortion bans in the country are unconstitutional.

The Guttmacher Institute, a research organization that supports abortion, estimated that overturning the Roe v Wade decision would cause 05 American states would restrict m or try to restrict abortion immediately.

03073535Some states have passed laws to ban abortion even with shorter deadlines than Mississippi law: Last week, the Oklahoma Legislature passed a ban on the procedure after six weeks of pregnancy, along the lines of legislation that took effect in Texas last year. past.

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