This has never happened before: A draft Supreme Court judgment was sent to the news portal on Monday Politics leak. As a result, a majority of America’s top justices are considering overturning abortion rights that have been in place since 1973. After an initial review of the case in December, five conservative justices voted to overturn a landmark 1973 court ruling, writing Politics for. On his behalf, Judge Samuel Alito, a conservative appointed by George W. Bush, drafted a majority opinion.
The leaked text denounces the court’s past practice: The landmark 1973 ‘Roe v. Wade’ decision that a Texas criminal statute violated a woman’s constitutional right to choose pregnancy termination was wrong and ill-founded . Now the judges should correct those errors. The error in the eyes of the judges consists in leaving it to each State to decide whether it wants to authorize abortion and under what conditions. This was the case before 1973, before the intervention of the Supreme Court. The court ruled that women had the right to an abortion until the fetus was able to survive.
The draft majority opinion categorically rejects this argument. However, it is by no means a definitive text. Supreme Court justices make their decision over several rounds and months. Not only is the text revised, but the judges can even go so far as to change their position. It has often happened, especially in the case of judgments of great importance, that the majority has finally decided otherwise than during the first deliberations.
Protesters march past court
The fact that the draft was published shows how hard the court struggled this time: it is probably an attempt to put public pressure on the court. It succeeded. On Monday evening, protesters gathered outside the Supreme Court in the capital Washington to express their anger.
It will probably be until June or even July before the Supreme Court announces its decision. The project that Politics published from February. It is unclear what position the judges occupy now. However, the publication quotes insiders as saying that the situation for the majority has not changed so far.
When it comes to abortion law, there have been signs for some time that the Supreme Court wants to change course. However, the majority opinion that has just been published would be the most radical version. Judge Alito wants to give states broad carte blanche to regulate abortions. The tribunal could also be content to grant states only individual restrictions.
Maximum Variant Hearts
If the maximum variant that has now been disclosed prevails, the Mississippi abortion law, which is at issue in this specific case, will take effect as the first consequence. The conservative southern state wants to ban abortions after the 15th week. In its wake, other states have decided on much more ambitious regulations, which could then also come into force.
In Texas and Oklahoma, abortion is prohibited after the sixth week; for most women, this amounts to a de facto ban on abortion, as many do not yet know they are pregnant at this early stage. Such laws have already been passed or are pending in 23 out of a total of 50 states. The most extreme even prohibit their residents from supporting someone to have an abortion in another state.
If the conservative majority on the Supreme Court actually curtails abortion rights, it would represent a major political victory for Republicans.
Victory at the Kulturkampf?
Abortion rights is one of Kulturkampf’s issues over which Republicans and Democrats have the toughest disputes. The evangelical wing of Republicans in particular has been fighting for years against abortion and for state-level bans. According to polls, a clear majority of Americans support the current abortion law. But there is no indication that Democrats will be able to transpose this into national law.
Since Donald Trump nominated Justice Amy Coney Barrett to replace the late liberal Ruth Bader Ginsburg shortly before the end of her term, conservatives on the court have held an overwhelming majority of six to three votes. This has an obvious impact on the course of the highest magistracy in the country. Democrats are all the more worried about the coming months, during which the court will tackle a range of hot topics: current cases range from abortion rights to gun laws and the promotion of minorities in universities.