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Judge Anthony Kennedy's Retreat Threatens Law in the United States, Trump Can Replace Conservative Against Decision
By
AFP
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29 June 2018, 18h38
Abortion: According to the Pew Research Institute, 57% of Americans are in favor of voluntary abortion (Olivier Douliery / AFP / AFP)
The retirement of Judge Anthony Kennedy threatens the universal right to abortion in the United States already that the President Donald Trump can replace him with a conservative who opposes the decision decriminalizing the termination of pregnancy in 1973.
"I am very worried," said Gloria Allred told AFP , a lawyer specializing in women's rights. "There is a big risk that" Roe vs. Wade "is being censored by the next magistrate."
The judges of the Supreme Court, guardians of the Constitution, are appointed by the president and confirmed by the Senate for a life charge, which can be voluntarily interrupted, as in the case of Kennedy
His decisions cover fundamental issues of society such as gay marriage, racial discrimination and electoral controversy.
Anthony Kennedy was nominated by Republican Ronald Reagan, but
His replacement will be appointed by President Trump who has already appointed another conservative magistrate, Neil Gorsuch, tipping the ideological balance of the Supreme Court on the right.
Left Senator Elizabeth Warren said the appointment of the new judge will be "the battle of our lives" and will determine the future of American society. On the other hand, Lila Rose, an abortion activist, was anticipating "the end of the horrible and immoral decision of 1973".
According to the Pew Research Institute, 57% of Americans are in favor 40% – among evangelicals, Mormons and other conservatives – are against
Many of them voted in Trump, with Mike Pence as Vice President, for his "pro-life" position. Before Kennedy's departure, the "pro-choice" had already suffered another defeat. At a vote of 5 or 4, the court ruled against a California law that required anti-abortion centers to inform their pregnant clients of the possibility of an interruption elsewhere.
Religious Law and Against the Rights of Women and Sexual Minorities was also noted in case he decided in favor of a Christian confectioner who refused to make the marriage of a homobadual couple
Abortion Deserts
There is also the example of pharmacists who refuse to sell contraceptives or abortion pills, arguing that this goes against their Christian beliefs.
Local laws that limit abortion have increased in Republican states in recent years to the point that Jennifer Dalven of the American Union (ACLU), speak of "failed deserts," with no clinics available in the center and the south of the country.
In Arizona, for example, many have to wait up to three hours to go to some clinics in Phoenix, which requires travel expenses, money to take care of it. Other children, often jeopardizing the employment of women in poor and remote areas.
Two years ago, Justice Kennedy helped overturn a Texas law that required abortion clinics to have surgical facilities in hospitals, which would have resulted in the closure of 75% of the hospitals. ;between them.
"Supreme Court judges should not overthrow Wade" to make abortion unavailable for women, "Dalven said.
Allison Hoffman, a professor at the University of Pennsylvania, says that several decisions that failed to challenge the judgment have also diminished the rights. "If it is waived, women will not have guaranteed access to abortion and any state that wants to pbad laws that restrict or proscribe abortion can do so."
In this scenario, Allred fears a return to the 1950s abortion was a crime. "They will have to terminate the pregnancy, this is what is called a mandatory pregnancy," and some will go to clandestine clinics, "putting their lives in danger."
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