A 1973 ruling established abortion rights in the United States. A milestone for some, a bad decision for others. It is feared that the Supreme Court could overturn the verdict.
It would be a major turning point with serious consequences for women in the United States: the country’s liberal abortion law could soon be history.
The Supreme Court is on the verge of overturning its 1973 landmark ruling on abortion, according to a report by Politico magazine. This emerges from a confidential draft of the verdict, which is available to the magazine. The court confirmed the authenticity, but emphasized that it was not the final decision. Such pre-publication is considered an extreme breach of the rules of the court.
Abortion rights have been the subject of heated debates in the United States. Opponents have been trying to overturn the liberal rules for decades.
Judgment from 1973
There is no national law that allows or prohibits abortions. However, abortions are allowed in the country at least until the fetus is viable – today around the 24th week. The basis for this is a judgment from 1973, known as Roe v. Wade is known. Another 1992 ruling, Planned Parenthood v. Casey, reinforced the jurisprudence and adjusted it somewhat. If the mostly conservative Supreme Court overturns this ruling, the way would finally be clear for stricter abortion laws – even including complete bans in some US states.
“It is time to heed the constitution and leave the issue of abortion back to the elected representatives of the people,” says the draft published by “Politico”. “We think Roe and Casey must be rejected,” Supreme Court Justice Samuel Alito wrote in the document, which is intended to reflect the opinion of the majority of judges. The draft is dated February 10th. It is unknown whether it has changed since then or whether there have been other designs.
Court: Draft is real
According to “Politico”, the draft is supported by four other judges in addition to Alito. Among them are the three judges appointed by former President Donald Trump, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. While the court confirmed the authenticity of the draft, it emphasized that it was neither the final decision nor the final position of a judge. An investigation had been initiated – the publication was a “breach of trust”, it said.
Under Trump, the Supreme Court has moved significantly to the right. At a hearing at the end of last year, there were already indications that the court could massively curtail abortion rights.
But why is the court dealing with the subject at all? The background is an abortion law from the state of Mississippi, which prohibits almost all abortions after the 15th week of pregnancy. The conservative-governed state had called on the Supreme Court to review the case. The fact that the court was dealing with the case at all had already been taken as a sign that Roe v. Wade could tip over.
Will the states soon be responsible?
The draft now envisages leaving it up to the states to regulate their abortion laws. This is considered particularly drastic. Some states have already prepared legislation that could go into effect immediately. It is primarily the arch-conservative states in the South and Midwest that want to ban abortion completely or almost completely. Liberal states like New York or California, on the other hand, have laws that expressly protect the right to abortion. For pregnant women, this would mean traveling hundreds or even thousands of miles to reach an abortion clinic. Many cannot afford that. Observers fear that more women could try to have an abortion themselves.
US President Joe Biden has announced resistance to the publication of the draft. A national law protecting the right to abortion is needed, he said. He wants to work to ensure that such a law is “adopted and signed”. However, it is not that simple. With the current majorities in the Senate, Biden’s Democrats cannot easily pass such a law. Should the Democrats lose their already narrow majority in the congressional elections in November, the Republicans could also try to legislate to limit abortion nationwide.
Biggest restriction in the last fifty years
House Speaker Nancy Pelosi and Senate Majority Leader Chuck Schumer said it was the largest violation of rights in the last fifty years, not just for women but for all Americans. New York State Gov. Kathy Hochul has declared that she will protect abortion rights. “Abortion will always be safe and accessible in New York.” California Governor Gavin Newsom has announced that he wants to include the right to abortion in the state constitution. Protests broke out in front of the Supreme Court in Washington.
There have always been leaks about Supreme Court decisions in the past. What is highly unusual, however, is that the complete draft of the reasoning for a judgment is published. “The leak could be seen as a calculus to persuade the court to move in a different direction,” the Washington Post commented. Republican politicians welcomed the thrust of the draft but condemned its publication. A final decision is expected in the next two months.
Source: Stern
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