Protests for and against abortion rights have erupted in the US after leaked documents suggested that the country’s Supreme Court could overturn a historic decision on the matter.
In a draft document released by Politico, conservative judge Samuel Alito, Roe v. He says the 1973 resolution, known as Wade, was “clearly wrong” and should be overturned.
The Supreme Court confirmed the authenticity of the leaked material – an early document on the controversy.
The decision is already under review in the highest court in the United States in another case involving the state of Mississippi.
If the Supreme Court overturns the 1973 decision, abortion will instantly become illegal in 22 states. A decision is expected in July.
Here’s what’s at stake and what could happen next:
What leaked?
Politico reported Monday that Judge Alito had written “a vehement and resolute rejection” of the right to abortion for an opinion to justify the court’s decision.
“Roe was blatantly wrong from the start,” wrote Alito, according to Politico.
Jane Roe was the pseudonym for plaintiff Norma McCorvey, who questioned the constitutionality of laws banning abortion in the state of Texas in the late 1960s.
“The time has come to pay attention to the constitution and return the issue of abortion to the elected representatives of the people,” says Alito in the document.
The leak of a text unprecedented in U.S. Supreme Court history sent a shockwave across the country with the prospect that an almost 50-year-old ruling could be overturned.
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Four other Conservative judges will vote for Alito: Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.
All of them were nominated by the Republican Party. It’s unclear how the Republican-appointed sixth judge, Justice John Roberts, will vote.
Three Democratic candidates – Stephen Breyer, Sonia Sotomayor and Elena Kagan – would try to break up the Republican group to protect rights.
Who is Samuel Alito?
Samuel Alito is one of six U.S. Supreme Court justices appointed by Republican presidents. There are nine ministers in total in the court.
A former New Jersey attorney and judge, he was appointed by President George W. Bush in October 2005 and has served on the Supreme Court since January 2006.
Bush described the Princeton- and Yale-trained judge as “academic, impartial, and principled.”
Judge Alito is considered one of the most conservative judges in the United States Supreme Court.
In a speech at a conservative event in November 2020, she criticized same-sex marriage, attacked reproductive rights laws, and said the measures taken against Covid are a threat to freedom of expression and religion.
His critics question his impartiality.
Former President Barack Obama, who voted against Alito’s candidacy and became a senator in 2006, said he “always stood by the strong against the weak”.
“If there is a case involving an employer and an employee, and the Supreme Court has not given clear directions, Judge Alito will rule in favor of the employer,” Obama said.
“I have seen a consistent performance on behalf of Justice Alito, where the Supreme Court’s traditional role as the bastion of equality and justice for the American citizen is not defended.”
What is Roe vs Wade?
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Roe v. Wade is the case that resulted in the US Supreme Court’s landmark decision recognizing women’s right to have abortions in the country.
In 1969, a woman named Norma McCorvey became pregnant with her third child. She wanted to have an abortion, but the laws of her hometown of Texas forbade the procedure. She later sued the state under the pseudonym “Jane Roe”. On the other side was local district attorney Henry Wade.
The decision gave women the right to have an abortion in the first trimester of pregnancy.
But lawmakers in conservative states have passed laws that try to put barriers to abortion.
In 1992, Planned Parenthood v. In Casey, the Supreme Court ruled that states could not place an “unnecessary burden” on women seeking an abortion so that the fetus could survive outside the womb (about 24 weeks).
How is abortion questioned in court?
Both decisions are contested by a Mississippi state law banning abortion after the first 15 weeks of pregnancy, including those caused by rape or incest.
The law was passed in 2018 but has yet to be implemented due to a legal objection from Jackson Women’s Health Organization, Mississippi’s only abortion provider.
Mississippi, Roe v. Wade wants his decision to be overturned and with it the abolition of the constitutional right to abortion in the United States.
If that happens, conservative states will certainly move quickly to create stricter abortion laws, possibly with outright bans before fetal viability.
Texas, for example, has introduced a ban that prevents abortion as soon as the fetal heartbeat is detected – this can occur before six weeks and many women realize they are pregnant.
According to BBC correspondent Anthony Zurcher, abortion will be immediately outlawed in 22 states with “trigger” laws designed for exactly such a situation.
In 2021 alone, nearly 600 abortion restrictions were introduced across the country, and 90 of them became law. That’s more than any year since the Wade decision against Karaca.
‘Political battlefield’
Zurcher said the legality of the procedure will become a heavy political battleground as the country prepares for November’s legislative elections.
The reporter says ideological battles and the leak of an important official document could “destroy” the court’s reputation.
“What this will mean for the legitimacy of judicial process in the United States remains to be seen, but within the institution itself, the trust between the judges, a college formerly called the ‘fraternity’, is no longer seen.”
“At a time when political norms cracked like pottery in an earthquake, another great chunk was broken.”
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During hearings in the Mississippi case in December, Judge Sonia Sotomayor warned against politicizing the courtroom.
He asked his colleagues, “Will this institution be able to withstand the odor of the public’s perception that the Constitution and its reading are only political acts?” he asked. “I don’t see how this is possible.”
Who will be most affected?
Restricting access to abortion will particularly affect poor women – they are more likely to want an abortion in the first place anyway.
Black and Hispanic women are particularly likely to be affected – 61% of abortion patients in the US are ethnic minorities.
Women in their 20s are responsible for the majority of abortions – about 57% in 2019 were in this age group.
According to the U.S. Centers for Disease Control, approximately 630,000 abortions were registered in the United States in 2019. The decrease was 18% compared to 2010.
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After the leaked documents were released, pro- and anti-abortion activists gathered outside the Supreme Court in Washington.
One of the protesters, Emma Heussner, said she was determined to ban the procedure and joined the demonstration “to witness the story”.
“This is something monumental, the leaking of Supreme Court documents. It’s monumental to see Roe v Wade be overthrown,” he said.
Reverend Wendy Hamilton, the Democratic nominee for the House of Representatives, said she was determined to fight to protect women’s abortion rights.
“They won’t get away with it. They won’t do this to America. We are more than them and we will fight.”
source: Noticias
