US Supreme Court has overturned Roe vs. Wade in a judgment released on friday (opens in new tab) (24 June). In doing so, the judges overturned the constitutional right to abortion that was established by a 1973 court case and later confirmed by a 1992 case called Planned Parenthood of Southeastern Pennsylvania v. Casey.
The newly decided case pertains to a Mississippi law called the “Gestational Age Act” that was enacted in 2018, which banned nearly everyone. abortion where the “probable gestational age of the unborn human” was determined to be 15 weeks or more, The New York Times reported (opens in new tab), Mississippi law allowed abortion beyond that point “only in medical emergencies or for a serious fetal abnormality,” and it made no exceptions in cases of rape or incest, according to Nation World News (opens in new tab),
After it was signed into law in 2018, an abortion clinic called the Jackson Women’s Health Organization — Mississippi’s only licensed abortion clinic — swiftly sued, arguing that the law was unconstitutional under Roe and Casey. Nation World News reported that those rulings had established that states could not ban abortion prior to the viability of the fetus — the point at which a fetus could survive outside the womb, which is approximately 23 to 24 weeks into the pregnancy.
On this basis, a federal district court judge blocked the Gestational Age Act from coming into force in 2018, and the US Court of Appeals for the Fifth Circuit confirmed its decision in 2019. Mississippi then appealed the decision to the Supreme Court, the case is known to have commenced. According to the Times, Dobbs v. Jackson Women’s Health Organization, No. 19-1392, which was decided on Friday. (“Dobbs” refers to Thomas E. Dobbs, a state health officer for the Mississippi Department of Health.)
related: Roe vs. Wade FAQ: What if the abortion rights law is reversed?
Friday’s decision is similar to a leaked draft previously published politician (opens in new tab) In May, in which Justice Samuel Alito wrote that “Roe deer was seriously wrong from the start” and should be dismissed.
In the newly released opinion, Alito and five other Republican-appointed judges voted in a majority (6-3) to uphold Mississippi’s Gestational Age Act constitutionally, and five judges (5-3-1) argued. That cry and how should it be reversed. Although he voted with a majority, Chief Justice John G. Roberts Jr. wrote his opinion, arguing that the Mississippi law could be upheld without requiring Roe to be completely overturned, The Washington Times reported (opens in new tab),
Three Democrat-appointed judges – Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan – wrote a joint dissenting opinion. “With sadness—for this Court, but more so, for the millions of American women who have lost a fundamental constitutional protection today—we disagree,” he wrote in his closing paragraph.
The editors of the New England Journal of Medicine immediately condemned the court’s decision NEJM Articles (opens in new tab) Published on the same day.
With this decision of the court, now states can make their own abortion laws. Thirteen states already have “trigger laws” on the books, which are abortion restrictions designed to take effect automatically or by prompt state action if the row no longer applies, According to the Guttmacher Institute (opens in new tab), a non-profit organization for sexual and reproductive health research and advocacy. Nine other states have pre-cry bans on abortion, laws that ban abortions after six weeks — before many people know they are pregnant — and/or constitutional amendments that specifically prohibit abortion. inhibit the right.
Overall, 26 US states are certain or likely to ban abortion, according to the Guttmacher Institute, now that the cry has been reversed.
President Joe Biden’s administration is preparing to respond to this highly anticipated Supreme Court decision, according to Nation World News (opens in new tab), Biden, through the Department of Health and Human Services, considered several strategies to increase access to abortion in the wake of the ruling, including expanding access to declaring a public health emergency and using executive functions and Food and Drug Administration regulations. doing. drug abortion (opens in new tab) – Or pills are designed to terminate the pregnancy in its early stages.
However, there is little Biden can do through executive action to fundamentally restore the federal right to abortion, Nation World News reported.
Originally published on Live Science.