The most important abortion case of a generation is to be brought before the US Supreme Court.
The court will review a Mississippi state law Wednesday (December 1st) that calls on the Supreme Court to ban abortions after the 15th week of pregnancy – a decision that would shorten the legal abortion period by about two months.
The final court ruling, due in June next year, could make tens of millions of women out of abortion services.
What are the rights to abortion in the United States?
Women ‘s right to abortion became official in 1973, when the Supreme Court ruled in what became known as the “Face v. Wade” case.
Under that decision, all women were granted unrestricted access to abortion in the first trimester of pregnancy, and limited access in the second trimester.
About two decades later, the Supreme Court made another key decision.
The court ruled that states could not “expect too much” from women seeking prenatal abortion services after reviewing another case, the Caspian Parenting Federation.
In the United States, the ectopic fetal viability threshold is defined as 23 to 24 weeks.
Why might the Mississippi Act repeal Wade’s face?
In 2018, a law was passed in the state of Mississippi that prohibited most abortions after the first 15 weeks of pregnancy, including pregnancies resulting from rape or incest.
However, the law has not been enforced due to protests from Jackson Women’s Health, the state’s only abortion service provider.
The US Supreme Court is now set to hear the case.
Mississippi is calling for the abolition of “face to face”, which will lead to the abolition of the legal right to abortion in the United States.
If successful, states will be allowed to define their own criteria for abortion – including a complete ban on prenatal care.
More than 24 states are expected to impose their restrictions, which in some cases may be even more severe than in Mississippi.
Mississippi Attorney General Lynn Fitch, who will defend state law, said in a text submitted to the Supreme Court this summer that the waiver would effectively restore the right to decide on abortion to the American people and their elected officials. .
“It is up to the states and the people to decide,” Ms. Fitch wrote. He declined to answer the questions.
What could be the possible ruling of the Supreme Court?
Next summer could have three different results:
Cancel vs. Wade
Rejecting the claim that Mississippi law imposes “a lot of burden” on women seeking abortion – it preserves such an outcome against Wade’s appearance, but in practice will leave her behind.
Opposition to the Mississippi Law against Wade – Such an outcome is unlikely, of course
The probability of the first option is not small at all. According to many, the current Supreme Court has the most conservative composition in contemporary American history, with three appointments during Donald Trump’s presidency.
“The cancellation has been a 50-year campaign against Wade, and there is no doubt that the current composition of the Supreme Court is perfectly appropriate for that,” said Catherine Frank, director of the Center for Gender and Sexual Law at Columbia University.
But he believes a complete abolition is unlikely. Instead, the court may, on the one hand, uphold Mississippi law, and, on the other hand, retain both of the above provisions.
However, lawyers for the Jackson Women’s Health Organization say such a decision is tantamount to overturning all previous court rulings on abortion, as it derails the criterion of fetal viability.
In what states may an abortion be banned?
This can happen in 22 states, including Mississippi.
Twelve states have passed laws that will automatically take effect against Wade if canceled.
Other states have either passed laws against Wade in the years since, which are unconstitutional (which will be revived), or have maintained restrictions on premature abortions against Wade (which are not currently enforceable). .
According to a study by the Regulated Parenting Federation, an organization that provides abortion services, nearly half of American women of childbearing age (49-18) – about 36 million – may lose access to these services. .
In more than half of the US states, access to abortion is likely to remain at current levels.
Who will be hit the hardest?
Restricting access to abortion services will hit poor women the hardest – those who already use them the most.
Such a decision is likely to have a disproportionate impact on black and Latino women – 61% of abortion seekers belong to minority groups.
“Someone who wants a miscarriage in their twenties has little money, and at least one child,” said Rachel Jones, a senior researcher at the Gatmacher Institute for Advocacy.
“Restrictions on abortion, or a total ban, will affect these groups the most.”
Why is abortion not always easy right now?
Although confrontation with Wade guaranteed the right to abortion for American women, millions have the right to do so alone.
In the post-1973 years, anti-abortion ordinances gradually restricted access to these services in more than 12 states.
In 2021 alone, about 600 restrictions have been introduced across the country, and 90 have become law. This is an annual record after Wade.
And abortion services have long been out of reach of many low-income women.
Since 1976, a law called the Hyde Amendment has banned the use of the federal budget for abortion.
Women are often forced to pay for abortions, which can cost hundreds of dollars.
Trump Vice President Mike Pence has called for the repeal of the abortion law in the United States
Former United States Vice President Mike Pence has called on the Supreme Court to overturn a historic ruling in the 1973 “Face to Wade” case that legalized abortion.
Mr Pence, who was Donald Trump’s vice president during the presidency, called the vote a “wrong decision” that has hurt millions of unborn babies.
Millions of women in the United States will be barred from having an abortion if the Supreme Court rules otherwise.
As of Wednesday, December 1, the US Supreme Court will begin examining the Mississippi law banning abortion after 15 weeks and is expected to rule next summer.
Mr Pence told a news conference that he hoped the Supreme Court would “make history” by overturning the ruling.
The 1973 ruling against Wade gave women the absolute right to abortion in the first trimester and limited rights in the second trimester.
“We call on the United States Supreme Court to repeal the ‘face-to-face’ approach and restore the sanctity of human life to the rule of law,” Mr Pence said.
Mr Pence added that “non-elected judges” did not reflect public opinion in the United States.
He believes elected officials and state officials are in a better position to write abortion laws for their constituencies.
Abortion bans are not yet on the horizon across the United States, but if the US Supreme Court rules in favor of the restricted state, it means that other states can enact their own abortion laws.
Experts believe that abortion will soon be illegal in more than 20 other states.
Twelve states have enacted so-called “trigger” laws that would automatically ban abortion in those states if the abortion law was repealed in the Supreme Court. Other states have either enacted illegal abortion bans in the post-Wade years (which are being revived), or retained pre-abortion restrictions that are currently unenforceable.
Catherine Frank, director of the Center for Gender and Sexual Law at Columbia University, told the that such a move would be “devastating” for low-income women.
He added that this would increase maternal mortality and poverty.
A May 2021 Pew Research Center poll found that six out of 10 Americans believe that abortion should be legal in almost all circumstances. The same poll showed that 4 out of 10 Americans believe that abortion should be illegal in all cases.
5 Tips on Female Abortion in America
Republican presidential candidate Donald Trump corrected his remarks just hours after he proposed “some kind of punishment for women who perform abortions illegally.” Although curettage or abortion is legal in the United States, it is still a controversial issue.
Abortion is legal in the United States
Abortion is legal in the United States, according to a historic 1973 Supreme Court ruling often referred to as “Row vs. Wade.”
The US Supreme Court justices ruled in favor of abortion, with seven votes in favor and two against.
The ruling in question was based on the decision that a woman’s right to terminate a pregnancy is based on her freedom of personal choice in family matters, as enshrined in the Fourteenth Amendment to the US Constitution.
The so-called “Face Against Wade” law is based on the stand of Jane Rowe, whose real name is Norma McCarrow, against Henry Wade, the Attorney General of Dallas, Texas.
Norma McCarrow, a third-time unmarried woman planning to have an abortion, has passed a Texas law that prohibits abortion except in cases of rape, incest or danger to the mother’s life. He had a question.
Multi-state restrictions on abortion
But decades after the abortion was legalized, opponents of the ruling regained some of their lost authority, and laws are now in place in 30 US states restricting the right to abortion.
In 1980, the US Supreme Court passed a law banning the use of federal funds for abortion, except in cases that were necessary to save the mother’s life.
In 2003, the US Congress passed the first major abortion restriction in 30 years and passed a law that called certain abortions after a certain period of pregnancy, which abortion opponents called “birth defects.” It was forbidden.
The result of such restrictions is that many American women travel to other places, often abroad, for abortions, and incur higher costs for abortions.
US Supreme Court involvement in a crucial abortion case
In March, the US Supreme Court heard a case involving a Texas law that strictly regulated physicians and abortion clinics.
The controversial part of the law was that it required abortion clinics in the state to have facilities and equipment at the hospital level, and physicians who perform abortions must also be able to admit patients to hospitals close to the clinic. To be.
Judges of the Supreme Court must now consider whether such restrictions reduce women’s fundamental right to abortion.
Statistics from the Centers for Disease Control and Prevention, released in the United States in 2012, show that 699,202 abortions were performed during 2011.
The agency had requested health statistics from a number of US states since 1969, but this information was voluntary.
In 2014, a report by the Guttmacher Institute, which advocates for abortion rights, stated that between 2008 and 2011, abortion rates in the United States fell to their lowest level since legalization in a year. Reached 1973.
The position of political parties against abortion
The official position of the Republican Party of America is that abortion should be declared illegal.
The Democratic Party says it supports the abortion freedom law and believes a woman has the right to decide about her pregnancy.
The US Supreme Court is reviewing the Texas Abortion Act
The US Supreme Court will consider the controversial Texas abortion law in emergency sessions next month. This allowed the relatively complete ban on abortion in Texas to continue until the outcome of the meeting was known.
The law, known as SBB, allows people to sue doctors who perform abortions after six weeks of pregnancy.
Most women find out they are pregnant after six weeks.
The US Supreme Court says the focus of the hearing will be on how to draft the law.
An emergency review of a case in the US Supreme Court is rare.
Controversial Texas abortion law prohibits all abortions except documented and reasoned medical emergencies, even if the pregnancy occurred following a rape.
The law allows everyone, not just Texas, to sue doctors who perform abortions after six weeks of pregnancy.
The law does not penalize women who seek to terminate their pregnancies.
November 1 is set for submitting documents and arguments in this case.
The court said it must first hear the arguments before taking any action.
Texas attorneys have called on Supreme Court justices to consider repealing the so-called Wade v. Wade Act, while overturning another ruling that upheld the constitutional law against abortion.
The Supreme Court has rejected this request.
The Biden administration has previously said it would ask the US Supreme Court to block the implementation of the Texas Abortion Act.
Since 1973, following the Supreme Court ruling in the so-called Row v. Wade case, American women have had the right to have an abortion as long as the fetus has the power to survive without mercy.
Sonia Sotomayor is the only US Supreme Court justice to have ruled in favor of suspending the abortion law pending the outcome of the trial.
This law came into force on September 1, 2021
Activists opposed to the abortion law and activists at the abortion enforcement centers called for the law to be suspended until the court’s verdict is announced.
“Legal suspension of this law is deadly for patients and staff at these clinics,” the Center for Full Women’s Health, which has four clinics in Texas, wrote on its Twitter account.
Experts believe that lawyers’ legal reasoning can shed some light on the Supreme Court’s approach to other abortion cases.
The U.S. Supreme Court is set to hear another case in December related to the Mississippi State Abortion Act.