Mississippi Law | Supreme Court tempted to restrict abortion rights

(Washington) The United States Supreme Court appeared on Wednesday prepared to change the legal framework that for nearly 50 years has guaranteed American women ‘s right to abortions, either by restricting it or by overturning it altogether.

Its nine judges, including six Conservatives, spent two hours reviewing a Mississippi law that prohibits abortion after 15 weeks of pregnancy. They will have to make their decision by the end of June.

Although measured, this law violates the framework set by the Supreme Court for lack of federal law. In its landmark judgment “Roe v. Wade ”of 1973, she held that the American Constitution guaranteed the right of women to have an abortion. It exists as long as the fetus is not “viable”, that is to say around 22 to 24 weeks of pregnancy, she specified in 1992.

Federal courts therefore blocked Mississippi law before it came into effect in this rural and religious state in the American South. His authorities then appealed to the Supreme Court which, by accepting it, indicated that it was ready to review its copy.

Prohibit abortion after 15 weeks

During the hearing, some conservative magistrates seemed to want to correct only the threshold set for abortion.

“A ban after 15 weeks does not seem to me to be a huge change from the viability, it is the rule adopted by a majority of countries”, noted the Chief of the Court, John Roberts.

But Mississippi asked them to go further and take advantage of this case to completely reverse its previous decisions.

“They have no basis in the Constitution,” and “have kept the Court for 50 years in the midst of a political battle,” pleaded its representative, Scott Stewart. End “Roe v. Wade ”will allow, as before 1973, each state to decide whether or not to authorize abortions and to render“ the decision to the people ”, he added.

Several conservative magistrates were sensitive to his arguments.

Justice Kavanaugh speaks

“The Court was forced to choose a side in one of the most divisive social debates in America,” said Judge Brett Kavanaugh. But shouldn’t it “be scrupulously neutral” and leave this decision to elected officials?

His colleague Amy Coney Barrett, named like him by former Republican President Donald Trump, for her part noted that it was possible to entrust an unwanted newborn to adoption services, available across the country.

The three progressive judges warned them against such a turnaround.

Is the Court’s legitimacy at stake?

Changing position because of “social or political pressure” or after the arrival of “new members” could undermine the “legitimacy” of the Court, noted Judge Stephen Breyer in particular.

“If people think that everything is political, how can the Court survive? », Added his colleague Sonia Sotomayor, while the American left is already pushing to reform the influential institution after the arrival of three judges chosen by Donald Trump.

Without entering into the political debate, lawyer Julie Rinkelman argued – on behalf of the only Mississippi clinic performing abortions – that validating that state’s law would be tantamount to overturning Roe v. Wade, even without saying it.

“Without the criterion of viability, there will be no limit and states will rush to ban abortion at all stages of pregnancy,” she said.

Joe Biden supports the Roe v. Wade

Joe Biden’s government has supported him. “Almost half of the States are ready to ban abortion at different stages” and this will have “quick and serious concrete effects” for “the freedom of women”, pleaded its representative Elizabeth Prelogar.

At the end of the hearing, the Democratic president for his part let it be known that he “continued to support” the Roe v. Wade, “the most rational” in his eyes.

Family planning organization Planned Parenthood, which operates abortion clinics across the country, has expressed serious concern. “It is alarming that a majority of judges seem ready to let politicians control our bodies,” said its president Alexis McGill Johnson.

Reflecting the scale of the issues and the deep divisions in American society, thousands of protesters formed rival groups in front of the temple of law in Washington, waving incompatible slogans: “abortion is a matter of public health” or ” to abort is to kill ”.

Before rendering the decision in this case, the Supreme Court is expected to rule on a Texas law which, since 1^er September, prohibits abortions from six weeks of pregnancy. At the hearing, she seemed determined to strike it down for procedural reasons.