The US Supreme Court has voted to make abortion illegal, according to a leak


  • The decision, according to a leaked draft in a Politico exclusive, poses a seismic shift in reproductive rights in the US

  • Although there could be changes in the text or the votes, for now it annuls the constitutional protection and would leave the regulation in the hands of the states

The United States Supreme Court has decided end the right to abortion in the country as it has been regulated and constitutionally protected for the last five decades. Thus it follows from first draft majority opinion of the High Court that it has obtained in exclusive ‘Political’.

The leak points to a turning point in US reproductive rights historyhas immediately caused a political and social earthquake and promises to intensely mark political life in the US, which faces elections legislative in November.

The text to which ‘Politico’ has had access and which it has published in its entirety, with its 98 pages, is from February. Although noEverything is final until the final opinion is publishedY there could be changes in the text or in the votes Before that publication, which is expected in the next two months, the forcefulness of the opinion written by Judge Samuel Alito and supported by four other judges of the conservative majority in the Court with nine members points to the seismic gyre.

Revocation

“Roe was blatantly wrong from the start & rdquor ;, writes Alito in a reference to Roe v. wade, the 1973 decision that gave US federal constitutional protection to the right to abortion. “We maintain that Roe and Casey must be revoked”, the opinion also reads, alluding to another Supreme Court ruling in 1992 that ratified the right and, although it left the states more room to regulate, it continued to prevent them from prohibiting abortion before the fetus was viablea time that is usually established between 22 and 24 weeks of gestation

The opinion, which settles the case that arose after the adoption of a draconian law in Mississippi that prohibited virtually all abortions after 15 weeks of pregnancy, asserts that “it is time to abide by the constitution Y return the issue of abortion to the elected representatives of the people”.

I would thus leave the regulation of abortion in the hands of the states, who are the ones who should decide whether to allow it or not. At least in 13 Republican-controlled there are laws prepared that, with a sentence revoking Roe (and not eliminating only some of the protections it offered), they would immediately make abortion illegal.

Alito is supported by conservative judges Clarence Thomas and the three appointed by Trump: Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. According to ‘Politico’, the progressive judges Stephen Breyer, Sonia Sotomayor, and Elena Kagan prepare one or more opinions dissent. The publication explains that it is not clear what position the president of the High Court, the conservative John Robertsbut according to CNN his opinion would beaccept Mississippi law but not completely repeal Roe.

political battle

The impact of the leak is multi-pronged. Advance the political battle around abortion, which was already expected to have a central place in the face of the legislative elections. This very Monday night, when several hundred pro-law people gathered at a vigil in front of the Supreme in Washington, the reactions of republicans and democrats have confirmed the escalated standoff.

For the conservativeswhich have been fighting against abortion for decades, and in recent years have enacted increasingly restrictive laws in the states that control it, is a victory.

The democratsInstead, they have pronounced fierce criticism. Nancy Pelosi and Chuck Schumer, leaders in both houses of Congress, have issued a statement in which they assure that if the decision is confirmed it will remain “as a abomination, one of the worst and most damaging decisions in modern history & rdquor ;. And the voices that call to approve resurface federal legislation to protect the right to abortion, but to achieve it, and given that they do not have the necessary two-thirds majority in the Senate, it is something that the Democrats would need before end the practice of filibuster. At least one of his senators, Joe Manchin, opposes fiercely to do so.

Progressives warn not only of the recoil that the sentence of the Supreme as it is in the draft would represent for the reproductive rights of women, and especially of the poorest and minorities, but of the threat that the sentence poses for other rights. Congresswoman Alexandria Ocasio-Cortez, for example, has denounced Alito’s reasoning that abortion and rights “have no roots in history” and the dismantling of the structure that protected terminations of pregnancy under privacy arguments places at risk advances and protections in other fields like civil rights or gay marriage.

A politicized Supreme

The filtrationEven though it is not the first that comes out of the Supreme is that of larger wingspanalso shakes its own reputation of the Supreme. The spokesmen of the High Court have refused to comment and numerous politicians from both parties and observers have warned of the damage caused by the fact that for the first time a draft has been publicly known before there is a final sentence, a leak that debates who been able to do and with what interests.

The institution of unmatched power is also increasingly hit by the shadows of politicization. In the mandate of donald trump three of the judges were appointed who have established the supermajority of six conservatives against three progressives. The three nominations and the subsequent confirmation sessions in the Senate were charged with controversy and tension, and the same has happened with the confirmation of Ketanji Brown Jackson, the judge nominated by Joe Biden to relieve Stephen Breyer.

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In December, when the hearing was held for the Mississippi case that is now decided by the Supreme Court, the progressive judge Sonia Sotomayor warned that the institution was increasingly shaken by these shadows of loss of independence and politicization of the issues it addresses. “Will this institution survive the stench that this creates in the public perception that the Constitution and its reading are only political acts?”, raised in the view on abortion. “If people believe that all this is politics, how will we survive?how will the tribunal survive?”



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