United States Supreme Court upheld Texas law that bans most abortions

The Supreme Court of the United States has awarded an important victory to those who oppose abortion in refuse to suspend, Wednesday evening, a Texan law which prohibits termination of pregnancy after six weekseven in cases of rape or incest.

The American Civil Liberties Union (ACLU), Planned Parenthood (Family Planning), the Center for Reproductive Rights and other associations had asked the Supreme Court on Monday to suspend the application of this law through a request for ’emergency.

The Court did not rule on the constitutionality of this law, which entered into force 24 hours earlier, but noted “complex and new procedural questions”.

His decision was approved by five magistrates out of a total of nine. Three of the judges were chosen by former President Donald Trump precisely because of their opposition to abortion.

“The Republicans had promised they would end Roe v. Wade and they succeeded,” Democratic Congresswoman Alexandria Ocasio-Cortez responded on Twitter, referring to the emblematic Supreme Court decision, which in 1973 recognized the right to abortion in the United States as long as the fetus is not viable outside the womb, which usually occurs around 22-24 weeks of pregnancy.

Texas’ law is the most restrictive on abortion that has come into effect since then.

Chief Justice John Robert, a moderate Conservative, said he would have been in favor of blocking this “unprecedented” law pending further scrutiny.

More eloquently, progressive judge Sonia Sotomayor called the decision “astonishing” and accused her counterparts of “hiding their heads in the ground” in front of a law “designed to prevent women from exercising their constitutional rights”.

The law in question, signed in May by Republican Governor Greg Abbott, prohibits abortion once the embryo’s heartbeat is detectedAfter about six weeks of pregnancy, when most women don’t even know they are pregnant. There is only one exception: in case of danger to the health of the woman.

The ACLU said that the impact of the law will be “immediate and devastating”. “Access to almost all types of abortions has been cut off for millions of people,” said the association, which estimates that “about 85 to 90 percent” of those who abort in Texas are pregnant at at least six weeks.

At the same time, anti-abortion activists celebrated the decision. “This is a historic moment in the fight to defend women and children against abortion,” said Marjorie Dannenfelser, president of the NGO Susan B Anthony List.

The difference of this law

In the past, other states across the country had attempted to impose restrictions on abortion, but were unsuccessful due to the 1973 ruling. Twelve passed laws similar to those in Texas, which were blocked by lawmakers. courts for violation of Supreme Court case law.

But Texas has written its law differently: it is not up to the authorities to enforce the measure, but “exclusively” to citizens, who are encouraged, thanks to financial compensation, to bring civil claims against organizations or individuals. that help women to have an abortion.

From a procedural point of view, these provisions make complicated federal court intervention, who until now had refused to deal with appeals against this law.

The Supreme Court followed suit, but pointed out that there could be other remedies against this law, for example in state courts.

President Joe Biden has criticized this “radical” law which “restricts women’s access to the care and health care they need” which will particularly harm the most disadvantaged communities, according to the Democratic president.

According to a poll released on Wednesday by NBC television, 54% of people consulted think that abortion should be legal in all or most cases, while 42% consider it should be illegal.

Source: AFP