Abortion right targeted by the US Supreme Court, Pandora’s box can be opened

United States – Revelation Politico It had a bomb effect and not just across the Atlantic. And the American news site, based on an unpublished leak of documents, on Monday, May 2, indicated that it had obtained the initial draft of the majority decision written by conservative Supreme Court Justice Samuel Alito, dated February 10. The latter would simply overturn the landmark ruling of Roe v. Wade, which for nearly half a century had recognized the right to abortion.

For now, the first draft will lead to exchanges and corrections, and a decision should not be formally released before June. While the prospect of such a regression has sparked outrage in the Democratic camp, it is also a matter of concern that it could open up Pandora’s terrible box to other areas of equal rights, both for women and gay people.

“The Supreme Court’s decision on abortion opens up a field of somewhat troubling possibilities. It will already be based on questioning the right to privacy. However, many decisions since then have been based on the same principle”, explains Jean-Eric Brana, lecturer at Paris 2 Panthéon Assas, author of Kamala Harris: America of the Future (New World editor).

call him HuffPostThis specialist in American politics remembers that the US Constitution delegates some powers to the states, while others, such as diplomatic or military, remain within the federal sphere. Everything that is not specified in the constitutional text is the responsibility of the states. “However, in the Supreme Court there are ‘progressive’ justices who believe that the Constitution must evolve with the times and ‘originalists’ who believe that if it is not written into the Constitution, then it is the role of Congress to seize it and pass a law if it deems it necessary,” Jean-Eric Prana explains. So much for the decor.

Conservatives have been waiting 50 years for this moment.”Jean-Eric Brana, American Politics Specialist

In 1973, when Supreme Court justices handed down the Roe v Wade ruling, they simply recognized that women had a right to dispose of their bodies within the framework of a “right to privacy,” or “right to privacy.” Thus, she can make an informed decision about whether or not to terminate the pregnancy.

“However, the original judges believed that the ‘right to privacy’ does not exist in the Constitution,” identifies Jean-Eric Brana. Indeed, Justice Alito clearly states in his draft that “the right to abortion, not provided for in the Constitution, is a part of the ‘right to private life’ which does not appear in it either.”

Contraception and marriage for all…

Like Jean-Eric Prana, many of them refer to logical reasoning that can question other rights and other court decisions. In particular, which made it possible in 2015 to open the right to marriage to all, or who particularly made it possible to make sodomy legal again in Texas in 1983. A risk noted by Democrat-elect Alexandria Ocasio-Cortez but also by prominent human rights advocate Melissa Murray – The same time approached to be nominated by Joe Biden to the Supreme Court.

“The Supreme Court isn’t just going to stop at abortion – they’re coming for the privacy rights Roe relies on, which includes same-sex marriage + civil rights.”

“Just a weekly reminder that this won’t end with abortion…Protections regarding same-sex marriage, contraception, and individual autonomy not expressly in the Constitution are also under fire”

Jean-Eric Prana lists many others as well on his Twitter account.

As noted by the American journalist Mark Joseph SternThe Texas issue of legalizing sodomy or marriage for all is accurately cited in The Samuel Alito Project. “These attempts to justify abortion through calls for broader autonomy rights (…) go too far. By popularizing these high-level standards, we can end up justifying a fundamental right to use prohibited drugs, in prostitution,” wrote a judge. The Supreme Court in particular:

What can Biden and Harris do?

“Joe Biden could always prepare a federal law to register the right to abortion, but this remains a very sensitive topic, which goes beyond simple divisions. As for amending the Constitution, it requires a vote of two-thirds of both houses and the ratification of three-quarters of the states,” explains Jean-Eric Brana. Suffice it to say, the White House has little chance of success by going down this path. “Conservatives have been waiting for this moment for 50 years,” he said.

On the other hand, according to Specialist, Joe Biden and Kamala Harris could decide to appoint more Supreme Court justices to influence votes by June. Since 1869, there have been nine justices appointed for life by the president. Currently five are conservative and four are progressive. There are no restrictions on the number of judges in the Supreme Court. “Biden has always refused, saying he would change the rules of the game, but in this regard, a change of foot cannot be ruled out,” said Jean-Eric Brana.

Reaction in the middle of the afternoon, Joe Biden clearly favors a major federal law, for now. He urged Americans to stand up for abortion rights at the polls in the mid-term elections scheduled for November. “We will need more senators in favor of the right to choose, and a majority in the House of Representatives, to pass legislation codifying (current jurisprudence), which I will enact,” emphasized the chief executive, an ardent Catholic but also an advocate of the right to abortion.

See also on The HuffPost: This robot will help Mexican women have abortions where it is forbidden

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