Over Half of US States Waiting: What Does the Roe Vs. Wade would represent

Fachada da Suprema Corte dos Estados Unidos: decisão oficial sobre o aborto no país deve sair dentro de dois meses

Facade of the United States Supreme Court: official decision on abortion in the United States country must leave within two months| Photo: EFE/EPA/SHAWN THEW

Although it is not the official decision, the leak of the draft of a majority decision of the Supreme Court of the United States has already been seen as the definitive word of the final instance of the American Judiciary: after almost 49 years, the federal jurisprudence on abortion in the country will be overturned and the responsibility for legislating on the subject will return to the states.

This Tuesday (3), Anti-abortion groups celebrated the news published by the website Politico the day before, that five of the nine judges have already decided to overturn the decision in the case Roe v. Wade, from 1973, who authorized abortion in the country under certain circumstances, while progressives lamented.

President Joe Biden said his administration will study “options” to repeal the jurisprudence , while the governor of California, also Democrat Gavin Newsom, said he will propose an amendment to make abortion provided for in the state Constitution.

On the other hand, Tate Reeves, Republican governor of Mississippi, was among those who celebrated the Supreme Court’s decision.

“Everyone is outraged by the alleged leak in the Mississippi abortion case. Let’s think bigger. For decades, the United States has been exceptionally radical in the West. Our abortion laws resemble those of China and North Korea. Please pray for wisdom and courage for the Supreme Court. Countless lives can be saved!”, he wrote on Twitter.

If the overthrow of Roe v. Wade is confirmed (the official decision is due within two months), Reeves’ state will have been the starting point for this change: the current discussion in the Supreme Court began when the Women’s Health Organization filed a lawsuit in a lower federal court to question a law passed in Mississippi in 2018 (when Reeves was not yet governor) that prohibits abortion after 15 weeks of pregnancy, except in situations to save life and preserve the mother’s physical health or severe fetal abnormality.

Convictions of Gazeta do Povo: Defense of life from conception

In response, the The state of Mississippi appealed to the Supreme Court in the fall of 2020, asking the judges to decide whether all bans on pre-pregnancy abortions -feasibility in the country are unconstitutional.

In the Roe vs. Wade and Planned Parenthood v. Casey (of 1280), the Supreme Court ruled that US states cannot ban abortion before so-called viability – minimum period of gestation for a fetus to be able to survive outside the uterus, currently estimated at about 05 weeks.

But in recent years, Republican-run states have passed laws that set shorter deadlines, such as the Texas Heartbeat Act, which stipulated last year that abortions are prohibited once fetal cardiac activity can be detected — which usually occurs around the sixth week of pregnancy.

A matter challenged by the Biden administration in the Supreme Court (which kept the rule in force), the Texan law inspired similar legislation in other US states, such as one recently passed in Oklahoma. This Tuesday, when signing the law, Republican Governor Kevin Stitt stated that he wants “for Oklahoma to be the most pro-life state in the country.”

If confirmed, the overturning of the jurisprudence of the case Roe v. Wade would make 05 of the 50 US states to restrict or attempt to restrict abortion immediately, according to a Guttmacher Institute survey , research organization that supports the procedure.

According to the study , these restrictions would be enforced in several ways: pre-Roe vs. Wade, i.e. anti-abortion laws enacted before 1973 and never repealed; “trigger” bans, with laws designed to be “triggered” and take effect automatically or by quick state action if the case law of 49 years ago was overthrown; near-total ban with laws enacted after the Roe case, several currently blocked by court order; abortion bans after six or eight weeks of pregnancy; and amendments to the state Constitution to prohibit abortion.

“The majority of Americans support abortion restrictions that Roe doesn’t allow it,” Marjorie Dannenfelser, president of the anti-abortion activist group Susan B. Anthony List, said Tuesday in an interview with MSNBC. “Anyone who supports abortion to the end and wants taxpayers to pay for it is not a viable candidate. And I think the Democrats are going to start seeing that at the polls.”


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