US Supreme Court assesses decline in abortion rights – fr

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US Supreme Court assesses decline in abortion rights – fr


WASHINGTON – The U.S. Supreme Court on Monday agreed to consider a major rollback in abortion rights, saying it will decide whether states can ban abortion before a fetus can survive outside of it. ‘uterus.

The court order sets up an abortion showdown, likely in the fall, with a more conservative court apparently poised to radically change nearly 50 years of abortion rights rulings.

The court first announced a woman’s constitutional right to abortion in Roe v. Wade from 1973 and reaffirmed it 19 years later.

The case concerns a Mississippi law that would ban abortions after the 15th week of pregnancy. The state’s ban has been blocked by lower courts as inconsistent with Supreme Court precedent that protects a woman’s right to have an abortion before the fetus can survive outside her womb.

The judges had postponed action on the case for several months. Abortion rights advocate Judge Ruth Bader Ginsburg died just before the court’s new term began in October. His replacement, Judge Amy Coney Barrett, has been the most open opponent of the abortion right to join the court in decades.

Barrett is one of three people appointed by former US President Donald Trump to the Supreme Court. The other two, Justices Neil Gorsuch and Brett Kavanaugh, voted on dissent last year to allow Louisiana to apply restrictions on doctors who could have closed two of the state’s three abortion clinics.

Chief Justice John Roberts, joined by Ginsburg and the three other Liberal justices, said the restrictions were virtually identical to a Texas law the court struck down in 2016.

But that majority no longer exists, even as Roberts, barely a supporter of abortion rights for more than 15 years in court, sided with the more liberal judges.

Mississippi law was enacted in 2018, but was blocked after a challenge in federal court. The state’s only abortion clinic remains open. The owner said the clinic performs abortions for up to 16 weeks.

The case is distinct from a fight for laws enacted by Mississippi and other states that would ban most abortions as early as six weeks – when a fetal heartbeat can be detected.

A central issue in the case is viability – whether a fetus can survive apart from the woman at 15 weeks. The clinic presented evidence that viability is impossible at 15 weeks, and the 5th U.S. Circuit Court of Appeals said the state “conceded that it had not identified any medical evidence that a fetus would be viable.” at 15 weeks ”.

Mississippi law would allow exceptions to the 15-week ban in the event of a medical emergency or severe fetal abnormality. Doctors convicted of violating the ban would face the suspension or mandatory revocation of their medical license.

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