There has been great controversy in the United States over the leak of the draft sentence of the Supreme Court Its majority of judges – five of them conservatives – are against Rowe. Wade, the previous result of this lofty event that legalized abortion almost 50 years ago.
It would leave the laws on spontaneous abortion in the hands of state legislatures, with half the states expected to introduce sanctions or new regulations.
Beyond the heated controversy over the leak, something unprecedented raised many questions about the motives behind the revelation. Because it will only be a draft, it is not final, and it was leaked several weeks before the court’s final decision, which is expected at the end of June.
This Tuesday, President Joe Biden came to criticize the possible decision, he warned Her administration will defend the rights of women across the country And called on voters facing pro-independence candidates to pass a national law protecting them against Rowe – facing the November legislative elections. Wade.
At present, however, this is an empty promise, as Biden does not have enough votes in the Senate to pass such legislation, and Democrats need to change the laws in the upper house to pass this legislation.
Nevertheless, the president warned that the Supreme Court was preparing a “response” to defend the right to abortion in the country, facing the possibility of making it illegal. “Based on a woman’s right to choose, Roy has been the law of the land for nearly 50 years, and justice demands that it not be repealed.“, He said.
For its part, the Democratic majority in the Senate announced that it would force a symbolic referendum on abortion so that legislators could publicly position themselves.
The storm that unleashed the leak
The media and experts were very careful in giving full validity to the document published by the Politico portal. But this Tuesday, in a statement, High Court President John Roberts confirmed the authenticity of the document and announced an investigation into the leak.
However, the historical phrase of 1973 is Roe vs. Wade, whose Supreme Court recognized the right to abortion, is on check today, previously published by Time magazine, the article was published just hours before the official announcement, without affecting the outcome. This time, The leak was intended to gather public opinion with the intention of influencing the judges before their final verdict.
The document is based on the testimony of Judge Samuel Alito, who wrote the new opinion, and the court’s indications since last year about its position on abortion. Especially since Amy Connie Barrett took office, she has given a six-vote majority to the judge and conservative nominated by Donald Trump.
According to Politico, five conservative judges upheld the draft ruling, which was written in February. But negotiations continue, and the acceptance of an alternative text requires the deviation of one of them.
Alito’s draft refers to a lawsuit filed last year against legislation passed by the state of Mississippi in 2018. This law, known as HB 1510, prohibits abortion within 15 weeks of conception due to miscarriage or sexual intercourse. The only exception is when there is a fetal defect.
In the paper, the law violates two previous decisions of the same court: Roe vs. Wade, since 1973; And planned parents v. Casey, 19 years later. That was said in both The Constitution protects the right of women to abort without excessive government intervention The general limit for further abortions was established at 24 weeks.
This issue has divided American society for years. Republicans have been trying for decades to change that decision. But now there is doubt as to how serious the court’s turn is going to be. With Alito’s leaked draft, it shows that both sentences will be erased in one fell swoop.
If this is checked, there will be an earthquake in the United States. Many conservative-based states will ban abortion. The draft, although it should be clarified, does not prohibit the legal interference of pregnancy in the country. So, in democratic states, it would be legal if they chose.
In Alabama, for example, a law is already in place that carries a maximum sentence of 99 years in prison, and this Tuesday, the governor of Oklahoma signed one of the most restrictive abortion laws to restrict pregnancy. Six weeks. But there are others that are allowed even beyond 24 weeks.
This will no doubt contribute to existing divisions, and among the many repercussions, secret clinics will lead to the re-emergence of women’s long journeys to recognized states.
Such a decision would be catastrophic for women, especially young women, or the poor or people of color who do not have the time and facilities to travel to other states.
For Dahlia Lithwick, a lawyer for women’s issues who writes for Slate, the court has lost all credibility as an independent body, showing that it has become an ideological and a political tool. Moreover, she says such a decision would be “catastrophic for women, especially young women, or poor women or people of color who do not have the time and facilities to go to other states.”
But to David French of The Dispatch, the court said it would “restore the threads of the constitution that Rowe destroyed and divided the country.”
The question, moreover, is what effect such a decision will have on the midterm elections this November and the presidential election in 2024. Considering the sensitivity that exists in the community, the issue, no doubt, became central to the political discourse. This Tuesday alone, more than a thousand people protested in New York against the abolition of the right to abortion in the country.
Sergio Gomez Maseru
The Time Reporter
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