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The United States Supreme Court on Monday accepted an appeal to review a Mississippi law that bans most abortions from week 15 of pregnancy, after two lower courts declared it unconstitutional, a case that could challenge the landmark 1973 ruling that legalized abortion nationwide, under certain restrictions.
In the USA it was the Supreme Court that recognized women’s right to abortion in a landmark 1973 decision titled “Roe vs. Wade”. Later, the highest court clarified that women can abort when the fetus is still “not viable”, which corresponds to about 22 weeks of pregnancy.
However, there are groups that continue to oppose voluntary terminations of pregnancy, especially in religious circles, and that are successful in more conservative states in passing laws that restrict women’s access to these procedures.
Until now, laws that directly contradict the framework established by the Supreme Court, including those that prohibit all abortions or limit abortions to the first weeks of pregnancy, they have been systematically repealed by the courts.
This is why the uproar generated this Monday after the Supreme Court’s decision to agree to rule on the Mississippi law, sanctioned in 2018, which prohibits abortions after the 15th week of pregnancy except in cases of medical emergency or serious fetal abnormalities.
This law reached the Supreme Court through an appeal by its authors after two courts rejected it in different instances. The Supreme Court could have refused to take the case, a common practice in the matter that he would have validated the decisions of the lower courts, but instead decided to change his custom and consider the call.
It will be the first abortion case to be handled by the highest American court since the former president Donald Trump consolidated – during his government (2017-2021) – a conservative majority in court: three of the nine judges who will review the law were appointed by the Republican president.
During the 2016 election campaign, to convince the electorate of the religious right, Trump promised to appoint judges in all federal jurisdictions with conservative values, especially opposed to abortion, a promise he kept during his tenure. with the appointment of 3 justices to the Supreme Court, including Amy Coney Barrett, a devout Catholic, who replaced women’s rights defender Ruth Bader Ginsburg, who died in September last year.
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