The court considered Mississippi’s abortion ban to challenge Roe v. Wade
May 17, 2021
At 11:55 am
The Supreme Court laid the groundwork for a major abortion ruling next year, which may overturn a landmark ruling made by the Supreme Court in 2002. Roy v. Wade with Family Planning v. Casey, Where the court ruled that the Constitution protects the right to abortion before the fetus is alive.Court at Dobbs v. Jackson Women’s Health OrganizationThis poses a challenge to the constitutionality of Mississippi’s law, which (with a few exceptions) prohibits abortion after 15 weeks of pregnancy.
The Mississippi law review decision was made almost a year later in the court. Repeal the laws of Louisiana Doctors requesting abortion have the right to treat patients in nearby hospitals.In this case, five justices, including Chief Justice John Roberts, all rely on Casey Ruled that Louisiana law imposes an undue burden on the right to obtain a pre-survival abortion. But since the decision in the Louisiana case last June, the composition of the Supreme Court has changed: Among the majority of judges, Judge Ruth Bud Ginsburg, who firmly supported abortion rights, died in September. Judge Mi took over. Coney Barrett personally opposed abortion, which drew criticism from Democrats at her confirmation hearing.
When the Mississippi State Legislature passed the core law of the case in 2018, the state’s only licensed abortion provider, the Jackson Women’s Health Organization, appeared in court to challenge the constitutionality of the law and prevent the state from enforcing it. legal. The Federal District Court agreed with the clinic’s ruling, arguing that the Supreme Court’s case does not allow states to prohibit abortion before the fetus is alive. This happens around 24 weeks of pregnancy.
The U.S. Court of Appeals for the Fifth Circuit upheld the ruling and dismissed the Mississippi Supreme Court case requiring the district court to determine whether the law created a “substantial obstacle” for those seeking abortion before the fetus was able to survive. The state recommends that there is no substantial barrier because the patient can decide to have an abortion before reaching the 15th week. The appeals court emphasized that Mississippi’s law is not only a restriction on pre-survival abortion. This is a ban on abortion before survival. The law prohibits any abortion after 15 weeks, except in emergencies or abnormalities in the fetus.
Last summer, the state filed a lawsuit in the Supreme Court, asking the judge to rule whether all prohibitions against abortion before survival are unconstitutional. The state also requires judges to weigh in on two related issues: when reviewing the constitutionality of laws restricting pre-adult abortion, whether the court should consider the interests of the state (such as protecting the mother’s health), and whether abortion providers have questions Represents the legal rights of patients in laws prohibiting or restricting abortion.
The clinic urged the Supreme Court to avoid disputes and emphasized that the Supreme Court has long believed that the Constitution protects the right to terminate the pregnancy before the fetus is alive. The clinic added that the court should refuse to review the question of whether abortion providers have the right to sue, because Mississippi “abandoned this challenge-this challenge is not raised below, and the state actually recognized jurisdiction, And do so again in its petition.”
The judges have repeatedly rescheduled the case-that is, postponed consideration of the case in their private meeting-and finally considered the state’s petition for the first time at the meeting on January 8, 2021. The justices then reviewed the petition 12 more times, and then announced on Monday that they would deal with the first question raised in the state’s petition: whether all feasible bans on abortion violate the constitution.
The judge will hear the case in autumn after the summer recess.It joins New York State Rifle and Pistol Association v. Corlett, Another high-profile next case has been filed in the next court, involving gun rights.Before they go to the summer vacation, the court can add a third hot topic in the 2021-22 term: They may decide whether to review at a meeting in late June Challenge Harvard’s race-oriented admissions policy.
This article is Originally published on the court Hao Hao.