A majority of the judges of the Supreme Court of the United States appeared, Wednesday 1er December, inclined to modify the legal framework which, for nearly fifty years, has guaranteed the right to abortion, either by restricting it or by simply canceling it.
The nine judges, six of whom are Conservatives, spent two hours reviewing a Mississippi law banning abortions after fifteen weeks of pregnancy. Although measured, the text violates the framework – which States cannot derogate from – set by the Supreme Court, which has held since its judgment in Roe v. Wade that the Constitution guarantees the right of women to have an abortion as long as the fetus is not “Viable”that is, until about twenty-two to twenty-four weeks of pregnancy.
The Mississippi law was therefore blocked by the courts before coming into force, but the authorities of this rural and religious state asked the Supreme Court to intervene. By accepting their appeal, the high court thus showed that it was ready to review its copy.
Make “the decision to the people”
During the hearing, some conservative magistrates seemed to want to correct only the threshold set for abortion, without calling into question the law in itself. “A ban after fifteen weeks does not seem to me to be a huge change in terms of viability, it is the rule adopted by a majority of countries”, noted Chief Justice 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 fifty years at the heart of a political battle”, pleaded its representative, Scott Stewart. End the Roe v. Wade will allow each state to decide whether or not to authorize abortions and to make “The decision to the people”, he added.
Several conservative magistrates were sensitive to his arguments. “The court was forced to choose a side in one of the most divisive social debates in America”, noted Judge Brett Kavanaugh. But shouldn’t she “To be scrupulously neutral” and leave this decision to elected officials, he asked. Her colleague Amy Coney Barrett recalled that it was always possible to entrust an unwanted newborn to adoption services, available across the country.
Joe Biden continues to “support” jurisprudence
Defending the only clinic in Mississippi that performs abortions, lawyer Julie Rinkelman said that validating that state’s law would in practice amount to overturning Roe v. Wade, even without saying it. “Without the viability criterion, there will be no limit and states will rush to ban abortion at all stages of pregnancy”, she estimated. The three progressive judges gave him their support, warning their colleagues against a reversal of jurisprudence.
Change position because “Social or political pressure” or after arrival “New members” could affect the “Legitimacy” of the Supreme Court, notably noted Judge Stephen Breyer, in reference to the arrival of three magistrates appointed by Donald Trump and chosen for their opposition to abortion. “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.
Evidence of the immense politicization of the debates, hundreds of elected officials wrote to the Supreme Court – Republicans to support Mississippi’s position, Democrats to defend Roe v. Wade. After the hearing, the President of the United States, Joe Biden, publicly stressed that he “Continued to support” this case law, “The most rational” to his eyes.
Decision before the end of June 2022
Thousands of demonstrators formed two rival groups in front of the temple of law, in an electric atmosphere. Under the slogans “Abortion is essential” Where “Abortion is a matter of health”, defenders of women’s right to terminate their pregnancies expressed an unprecedented level of concern. “This is the strongest attack against Roe v. Wade for decades “, underlined Cathy Renna.
Holding up signs “To abort is to kill”, opponents of abortion, on the contrary, hoped to be right after fifty years of bitter struggle. “I think we will have, if not the end of [l’arrêt Roe v. Wade], at least a greater latitude for the States ”, explained Herb Geraghty.
The Supreme Court must render its decision before the end of June 2022. It must also rule on a Texas law which, since 1er September, prohibits abortions from six weeks of pregnancy.