MISE & Agrave; DAY
For almost 50 years, the right-wing has sought to overturn the Roe vs. Wade ruling which prohibits states from criminalizing abortion. The Supreme Court is in the process of granting his wishes .
The court heard arguments yesterday over a Mississippi law that bans virtually all abortions after 15 weeks gestation, while case law requires states to allow abortion before the fetal viability threshold, set at 22 weeks.
Conservative majority judges have signaled that they are open to overthrowing or weakening Roe vs. Wade, which would open the door to criminalizing abortion.
Since Roe vs Wade (1973), jurisprudence has affirmed the right of women to control their reproductive choices.
A solid majority of Americans support the current legal framework, but a small, strongly opposed minority has succeeded in infiltrating the Republican Party and making the elimination of this right one of its main priorities.
The judge Sonia Sotomayor (nominated by Barack Obama) noted that Mississippi lawmakers designed their law explicitly to give the court's new Conservative majority the opportunity to demolish Roe vs. Wade and obliterate the rights attached to it.
The Conservative Point of View
Obviously, the point of view of defenders of the law and of the judges who are sympathetic to them is quite different. For them, the presumed rights of the unborn child trump those of the mother.
In several Republican states, one waits only for a weakening of Roe vs Wade to adopt further restrictions. more severe.
Chief Justice John Roberts is receptive to these arguments, but he is also keen to preserve the credibility of the Court by prioritizing established precedents. Yesterday, he seemed intent on procrastinating as he tried to reconcile Mississippi law with the Roe vs. Wade legal framework — mission impossible!
For the more decidedly conservative judges, there is no compromise possible. Rather, overturning this precedent should be seen as fixing a serious past error.
Return of the pendulum?
In the debate between Chief Justice Roberts, that the credibility of the Court requires respect for judicial precedents, and die-hard Conservatives, who view this precedent as illegitimate, the hardliners are likely to prevail.
Most analysts give abortion rights defenders little chance to resist the onslaught whose cause heard yesterday is only the first salvo.
The ultraconservative base of the The Republican Party will no doubt relish these legal triumphs, but it is less clear that the hard line on abortion will be viewed favorably by the general electorate, whose preferences are more moderate.
This shift to the right Supreme Court ruling could potentially cost Republicans electoral support, but that will be little consolation for women who lose a right they thought they had acquired.