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The Supreme Court of the United States it eliminated the federal right to abortion, with a ruling that overturns the historic decision that since 1973 guaranteed access to voluntary termination of pregnancy throughout the United States, known as the “Roe v. Wade “. In other words, it means that from now on, every single US state can decide to adopt the legislation it prefers, without constraints at the federal level.
The ruling specifically concerned the Mississippi state’s request to recognize its abortion law, which bans abortion after 15 weeks of gestation. The New York Times defines today’s sentence is a decision that “will transform the life of the country, condition national politics and lead to a total ban on abortion in half of the states.” The court’s decision was anticipated in early May by a scoop of Politic.
It is a major political victory for the Republicans, who have long been campaigning nationwide to overturn the “Roe v. Wade ”and in recent years they had managed to appoint notoriously anti-abortion judges to the Supreme Court. Of the 9 judges of the Court, all 6 those nominated by the Republicans – including three nominated by former President Donald Trump – voted to overturn “Roe v. Wade “. The three judges appointed by the Democrats instead voted against.
Former US Vice President Mike Pence, a well-known Christian traditionalist, commented on the news saying that “he won life”, and that the Supreme Court “gave Americans the beginning of a new life”. Greg Abbott, governor of Texas, a state that already has very stringent abortion laws, praised the Supreme Court decision and promised to “continue to work with the Texan Congress and all Texans to save every child from the clutches of abortion.” .
«The sentence“ Roe v. Wade “has always been wrong,” wrote conservative judge Samuel A. Alito Jr. in the grounds for the sentence. “The reasoning behind it was exceptionally weak, and that decision had painful consequences,” Alito added. “It is time to respect the Constitution and return the issue of abortion to the elected representatives of the people.”
Alito’s explanation follows the thesis of many US conservative movements that the subject of abortion is so sensitive and divisive that it should be governed at the state and not at the federal level. In reality, in many contexts this thesis has simply become a pretext to cover up the ideological hostility that the traditionalist Christian movements, very close to the Republicans, have for some time had towards the “Roe v. Wade “.
The sentence, which takes effect immediately, will make it virtually impossible to terminate a pregnancy in thirteen states where state laws already severely restrict abortion. According to a calculation of Axioson the other hand, the right to abortion in most forms is protected in 16 states.
13 states have trigger laws that go into effect now – or will go into effect very quickly – that will ban abortion:
Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, and Wyoming.
– Kyle Griffin (@ kylegriffin1) June 24, 2022
The ruling at the heart of the Court’s decision is known as “Roe v. Wade “. It was pronounced by the Court on January 22, 1973 and made the right to abortion for women as free personal choice legal at the federal level. Before 1973, each state had its own legislation on the matter, and in at least thirty abortion was considered a crime common lawthat is, based on jurisprudential precedents rather than on codes.
– Read also: How did the “Roe v. Wade “
The decision of the Court, taken by a majority of 7 judges to 2 on January 22, 1973, was mainly based on a new interpretation of the 14th Amendment to the Constitution, which concerns the right to privacy, understood as the right to free choice with regard to matters of intimate sphere of a person. Jane Roe was the pseudonym of Norma Leah McCorvey, a Louisiana woman married to an abusive husband who was denied a request to have an abortion. Her nickname was chosen to protect her privacy: then as now, especially in some very conservative states, the issue of abortion is extremely divisive in American society.
Today’s ruling may not be the last to overturn historic decisions in favor of women and civil rights. In the grounds for the ruling written by Conservative Judge Clarence Thomas, it is read that in the future the Court should “reconsider” the judicial process of some important judgments governing contraception, same-sex relationships and gay marriage.