Justices raise questions about the 1973 abortion decision
Justices in the Supreme Court's six-member conservative majority on Wednesday raised substantial doubts about the jurisprudence behind the 1973 case establishing abortion rights in the United States, Roe v. Wade, during arguments over a Mississippi law banning abortions after 15 weeks' gestation.
Dobbs v. Jackson Women's Health Organization, combined with arguments on Nov. 1 over a Texas anti-abortion law , represents the most direct challenge in decades to Roe, which made abortion a national right rather than letting states decide the issue. The rulings, which will be issued by June 2022, have the potential to sway politics substantially, with the underlying issue a motivating one at the ballot box for opponents of abortion and supporters of abortion rights.
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Justice Clarence Thomas asked the first question from the bench and pressed Stewart over the difference between a right to abortion and a right to privacy, which was the pivotal ground for the argument in the 1973 Roe case. Thomas also cited the Supreme Court's 1992 Planned Parenthood v. Casey decision, which upheld the constitutional right to have an abortion that was established in Roe but also upheld some restrictions from an underlying Pennsylvania state law.
"You focus on the right to abortion, but our jurisprudence seems to focus on, in Casey, autonomy, in Roe, privacy. Does it make a difference that we focus on privacy or autonomy or more specifically on abortion?" Thomas asked.
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Chief Justice John Roberts questioned the lawyer challenging the Mississippi abortion law about why the state's ban on abortion after 15 weeks doesn't provide women with ample time to choose whether to terminate a pregnancy.
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Department of Justice Solicitor General Elizabeth Prelogar contended with Rikelman's points against the Mississippi law and argued that "the real-world effects of overruling Roe and Casey would be severe and swift." Kavanaugh questioned Prelogar on the argument that Roe and Casey meet both the interests of pregnant people and the interests of protecting life.
“You can’t accommodate both interests. You have to pick. That’s the fundamental problem," Kavanaugh said. "And one interest has to prevail over the other at any given point in time. And that’s why this is so challenging.”
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The story does not indicate whether medical science has more evidence of viability. Nor were there questions about the Texas "heartbeat" abortion restriction. Doctors have long used the heartbeat as a designation of life and the absence of a heartbeat as an indicator that the patient is dead or near dead.
I would be interested in seeing the attitude of adults who were adopted on the issue of abortion. It might have some relevance on the issue of the life of the child in the womb.
See, also:
Dobbs abortion case threatens Democrats' house of cards
And:
Justice Alito Made Biden’s Solicitor General Defend Racist SCOTUS Precedent Plessy
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