The shocking leak of a Supreme Court document revealed what many Americans feared: the highest court in the United States could soon overthrow Roe v. Wade, who has been protecting the right to abortion in this country for 50 years.
In an outright attack on the 1973 decision, announced by the Politico news outlet, conservative judge Samuel Alito wrote that Roe v. Wade shouldn’t have seen the light of day. Its adoption, he continues, is not certainly not successful to calm the abortion debate that divides Americans.
The Supreme Court upheld the authenticity of the leaked document, but quickly clarified that it was not not a decision of the Court or a final position of one of its members.
What will happen if the Court overturns this historic decision? University of Ottawa Faculty of Law professor Daphne Gilbert, an expert in American constitutional law and access to abortion, answered our questions.
What will no longer be protected if this decision continues?
Roe v. Wade recognizes a constitutional right to abortion. And this is explicit.
In effect of this judgment, the Court established a system of trimesters that made it possible to establish the moment when abortions could be performed. Thus, States cannot prohibit abortion prior to embryo viability, established at approximately 24 weeks.
In 1992 there was another case, Planned Parenthood v. Casey, who kind of removed this system of trimesters and decided that even before the fetus could live, states could put some specific restrictions, including limiting who can perform an abortion and the number of establishments where the procedure can be performed.
Therefore, this decision means more supervision over access to abortion, but the basic principle of Roe v. Wade argued that a man could not prohibit an abortion from a woman before the fetus was considered viable. And that’s at stake in the upcoming US Supreme Court decision.
Will abortion be illegal anywhere in the United States?
No. But if the U.S. Supreme Court dismissed Roe v. Wade, States will have the freedom to pass laws aimed at making abortion illegal.
How did the Supreme Court come to reconsider this right to abortion?
In 2018, Mississippi passed a law prohibiting abortion after 15 weeks of pregnancy, in direct violation of Roe v. Wade. This is why the Supreme Court took up this case, known as Dobbs v. Jackson Women’s Health Organization.
Before the text written by Judge Alito was made public, three scenarios were considered. The first: that the Court confirmed the validity of Roe v. Wade and reiterated the right to abortion, even the best scenario. But no one really believes that can happen, because the Supreme Court is more conservative.
The second option is for the Court to recognize the legitimacy of the law passed by Mississippi, while determining however that abortion cannot be prohibited. The state would have been allowed to set a pregnancy limit where a woman could no longer have an abortion.
And the final scenario – the worst – is lurking on the horizon, according to the leaked text. That is Roe v. Wade has no place and the right to abortion should be canceled.
Some states plan to ban abortion when Roe v. Canceled Wade?
More than twenty states are willing to ban abortion on their territory. Thirteen of them have already passed laws to stop the procedure once the Supreme Court gives its decision, such as Alabama, Mississippi and Tennessee.
A dozen others have indicated that they will ban any voluntary termination of pregnancy (abortion) or impose restrictions if the highest court in the country dismisses Roe c. Wade.
Will a woman face justice if she tries to have an abortion in another state?
Some laws that have already been passed include provisions prohibiting travel from one state to another for the purpose of abortion. So this is a real possibility.
However, it should be noted that in the United States, nearly half of abortions are performed through medication, not surgery. And it continues to grow. I believe it would be difficult to regulate the distribution of these drugs and prevent a woman from trying to have an abortion in this way, as it is a procedure very similar to abortion. So it may not be so easy to prove, but neither is it impossible.
” We’ve been saying this for over 50 years, but women will continue to have abortions in one way or another. The question is how safe they will be. “
And those who try to help these women in their efforts, such as members of the medical staff, can they also be punished?
Yes. I think the laws are going to be draconian. Not only will we see states prohibiting abortion, but also preventing anyone from assisting or supervising any journey to obtain an abortion. We are talking here the ban on driving a woman from one state to another or paying for her travel.
Texas has passed a law where Uber and Lyft drivers can be fined up to $ 10,000 if they help someone have an abortion. These are civil cases, but I am convinced that once Roe v. Canceled by Wade, people may find themselves criminal for supporting a woman in her efforts.
Is it rare for the US Supreme Court to reverse a decision made in the past?
Yes, that hardly happens! The most well -known case of this kind is that of Brown v. Board of Education, established in the years 1954-1955. The Supreme Court then ruled that racial segregation in public schools was unconstitutional.
According to former U.S. Supreme Court Justice Sandra Day O’Connor, there are two cases that stand out in the nation’s history, two landmark moments when the supreme court tried to resolve a divisive issue. deep the Americans, either Brown v. Board of Education at Roe v. Wade.
He said a decision as valuable as Roe v. Wade because the Court has talked to the country and cannot be wrong about it. But the judges currently sitting on the Supreme Court seem to disagree.
When can we expect an official decision?
Within two months, the Supreme Court must issue its decision, which will be effective at the time of its announcement. The five judges who glued their signatures to the leaked document-the simple majority needed to approve it-would have a hard time changing their minds.
” If they change their mind, they will appear to bow to public pressure rather than make a decision guided by the highest standards of law. “
To our knowledge, at least three members of the Court voted to uphold Roe v. Wade. And Chief Justice John Roberts needs to determine which side he is on. But even if he decides not to vote to reverse the judgment, it won’t be enough to tip the scales the other way. The scenario remained the same, the end of Roe c. Wade.
*The lecture content is edited for brevity and comprehension.
Source: Radio-Canada
