The conservative majority of the US Supreme Court indicated on Wednesday that it will preserve Mississippi’s 15-week abortion restriction and may go further to invalidate the almost 50-year-old nationwide right to abortion.
The Roe v. Wade legislation, which legalized abortion in the US, and Planned Parenthood v. Casey, which reinforced Roe, are unlikely to be settled until next June.
Honestly, I’m sick and tired of Roe v. Wade. A woman’s right to her own body shouldn’t be dictated by ANY court case. We should have the right to bodily autonomy codified into American law. The end.pic.twitter.com/dIiZDrCp26
— PoliticsGirl (@IAmPoliticsGirl) December 1, 2021
After approximately two hours of debate, all six conservative judges, including three selected by former President Trump, suggested maintaining the Mississippi legislation.
A ruling like that would weaken Roe and Casey, enabling states to restrict, but not outlaw abortion up to maturity or 24 weeks. If Roe and Casey are reversed, abortion might soon be prohibited or highly limited in almost half of the states, per the Guttmacher Institute.
Several Republican-led individual states are waiting for the Supreme Court’s next judgment. Liberal justices warned that overturning Roe and Casey might severely erode the court’s credibility.
As the Supreme Court today hears a case on Roe v. Wade, let me be very clear. It is a woman who has the right to control her own body, not the government. If men were the ones giving birth, I doubt that this would be in question.
— Bernie Sanders (@SenSanders) December 1, 2021
Four of the court’s six conservative judges were open to reversing Roe and Casey. Attorney General Scott Stewart requested the court to preserve the state’s 15-week prohibition and overturn precedent rulings enshrining women’s constitutional rights to abortion.
Although “tough,” Stewart believes states ought to have the ability to create their standards. He stated a problem belongs to the public if it affects everyone, and the Constitution doesn’t choose sides.
The justices should overturn Roe and Casey and enforce state law. In a more measured approach, Chief Justice John Roberts and Justice Neil Gorsuch endorsed the 15-week Mississippi restriction, while not overturning Roe and Casey.
Missing Women’s Freedoms
The Center for Reproductive Rights’ Julie Rikelman called the Mississippi bill “flatly unlawful.” Rikelman noted that forcing women to go through pregnancy and delivery with all the dangerous circumstances and life-altering repercussions is a basic violation of their rights.
Rikelman pushed to keep viability as the legal abortion threshold limit. She stated lacking viability, there is no end. States will be allowed to prohibit abortions at any stage of pregnancy.
According to Solicitor General Elizabeth Prelogar, the court has never revoked a privilege so basic to so many Americans and vital to their capacity to fully and equitably engage in society.
Prelogar remarked that overturning Roe v. Casey would have serious consequences. President Biden backed up Roe following the court session. He feels it’s a logical perspective.
Sonia Sotomayor, one of three liberal justices, said reversing Roe would give the court a political, rather than judicial, appearance. She went on to say that a woman’s right to choose and regulate her body has been established.
Basic Female Right
Trump’s nominee, Justice Brett Kavanaugh, said states should limit abortion availability. Kavanaugh questioned why this court should be the arbitrator, rather than Congress, state governments, state Supreme Courts, and the people.
He went on to say rulings would vary from state to state. However, according to Solicitor General Prelogar, the court has recognized abortion as a “basic right of women.”
She asserted it is not up to state legislators to determine whether or not to respect basic rights. Trump’s second nominee, Amy Coney Barrett, questioned why adoption couldn’t be regarded as a substitute for abortion.
In the 2018 Mississippi legislation, a conservative Bible Belt state, abortion was declared illegal by lower courts before reaching the Supreme Court.
On Wednesday, scores of pro-choice and anti-abortion protestors gathered outside the courthouse, holding placards and screaming slogans.
“Abortion is Murder,” demonstrators’ posters said. “Abortion is healthcare,” abortion rights supporters claimed. The Supreme Court should rule by June.
