We explain why the constitutional right to abortion could soon be overturned by the Supreme Court

It’s a taste of one of the most anticipated resolutions of the year in the United States. Based on an extremely rare leak at the highest levels of US justice, Politico news site (article in english) It was revealed Monday, May 2, that the Supreme Court is considering overturning the landmark ruling legalizing voluntary termination of pregnancy (abortion) across the Atlantic. The Supreme Court confirmed in a statement on Tuesday that the document was “A native” But not “ultimate”. Its leader, Judge John Roberts, also has a ‘ordered an investigation’ About the origin of this infusion.

For nearly fifty years, the right to abortion, supported by the majority of the American population, had been guaranteed across the country by the 1973 ruling. If it re-examined its case law, the Supreme Court would leave the field free to states that wished to ban abortion. Franceinfo explains this file to you.

What is the current framework in the United States?

Since 1973, abortion has been allowed under the right to privacy, which is guaranteed by the US Constitution. That’s how the Supreme Court ruled in its landmark “Roe vs. Wade” decision, which was passed after a constitutional woman attacked Texas legislation that made abortion a crime. However, this right is not so “not at all”according to the court ruling, recourse to abortion may be limited in particular to the name Protecting health, medical standards and life before birth.

“Abortion is permitted up to the survival threshold, that is, the stage from which the fetus can survive outside the womb, American historian Marie Ziegler identified for franceinfo, Feb. Therefore, abortion is legal until approximately 24 weeks of pregnancy throughout the United States. Beyond that, every federal state can add restrictions on the right to an abortion. Conversely, progressive countries translated this provision into law to give it more power and provide additional guarantees.

What is the Supreme Court considering?

Supreme Court justices chose to hear the abortion case again in December, thanks to a Mississippi law banning the termination of pregnancy after 15 weeks. In the face of this numerous attempt by a state to restrict the right to abortion, the theory will cause judges to recall case law. “By making abortion a fundamental right, Roe v. Wade made it possible to sue states that passed this type of law and repealed these provisions.”Mary Ziegler remembers. But since Donald Trump’s tenure in the White House, the Supreme Court has been dominated by six out of nine conservative justices. It seems that a turning point has begun.

Politico news site (in English) Claims that it obtained, thanks to an unpublished leak, the initial draft of the decision. The 98-page document attributed to a conservative judge, Samuel Alito. The text published by the American media calls for it“Cancellation” Pure and simple from the 1973 ruling that was ‘Totally baseless from the start’.

It is time to take the constitution into account and return the issue of abortion to the people’s elected representatives.”

Samuel Alito, draft course author

In a document revealed by POLITICO

The right to an abortion “It is not deeply rooted in the nation’s history and traditions” And It is not protected by any provision of the constitution.He defends Samuel Alito in this document. “The Constitution does not prohibit citizens of every state from regulating or prohibiting abortion.”the conservative judge pushes, paving the way for a major reversal in case law.

What are the chances of pre-project success?

According to Politico, the position defended in the draft was approved by a majority of the Supreme Court justices: the text’s author, Samuel Alito, and four other conservative justices, Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Connie Barrett. The three Liberal justices are said to be serving in a dissenting position and the future vote for Chief Justice, John Roberts, remains unknown. While examining the text in December, the majority had already made it clear that they were ready to nibble or even reverse the 1973 ruling.

The initial draft, which dates back to February, could have already been touched upon and could remain the subject of negotiations until June 30. Drafts are often modified in consultation with other judges. And “Judges sometimes change their voices”Politico confirms. The consequences of this unprecedented leakage on public opinion and on the position of judges remain difficult to measure.

The conservative chief justice may also wish to write his own script. In recent months, observers said they expected a less radical challenge to the 1973 ruling. John Roberts “He does not seem to oppose Roe’s reversal, if it comes in phases, so as not to rush public opinion.”World Health Organization Supports the right to abortionSo analyzed historian Marie Ziegler in February.

What would be the consequences of such a reversal?

If the Supreme Court agrees to the project’s conclusion, the United States will revert to the situation prior to 1973, when every state was free to prohibit or allow abortion. Half of the 50 federal states, especially in the conservative South and Center, would immediately or quickly ban abortion in their territories.

Such a reflection will constitute “An abomination of the worst and most dangerous decisions in modern history”House Speaker Nancy Pelosi and Democratic Leader Chuck Schumer responded. “The Supreme Court is prepared to impose the strongest limitation on rights in fifty years, not only on women but on all Americans.”, they warned. On the contrary, the elected Republicans welcomed “better” news of their lives.

“If the court overturns Roe’s case, it will be up to elected state officials, at all levels, to protect women’s right to choose, President Joe Biden said (link in english)Tuesday. It will be up to voters to appoint pro-abortion representatives [lors des élections de mi-mandat] In November.”

author Abortion and the Law in AmericaResearcher Marie Ziegler pointed out in February “The Biden administration will have no room for maneuver after such a decision.” to the Supreme Court. The historian also warned of the possibility of a snowball effect. “This could pave the way for the repeal of other provisions, for example those that legalized same-sex or mixed marriages”, I advanced. The Supreme Court’s final decision is expected in early summer.

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