forumAbout fifty years ago, in 1973, the United States Supreme Court held that abortion was a right protected by the Constitution in Roe v. Wade (1973). She announced on Monday, May 17 that she would review a case that might challenge this decision. One of Donald Trump’s 2016 campaign promises was to promote the appointment of judges against abortion, especially at the highest levels of the judiciary.
The Supreme Court of the United States, as the ultimate interpreter of the Constitution, does have enormous powers. Therefore, it regards Roe v. Wade that the practice of abortion in the first two to three months of pregnancy is protected by the constitutional right to privacy. Even in 1992, in Planned Parenthood v. Casey, the court granted the federal power to further restrict abortion, and it maintained the ban on abortion before the estimated viability threshold of six months of pregnancy.
The Republican candidate’s pledge to support the anti-abortion judiciary won him the support of Conservative voters, even if his personal journey clashed with their traditionalist sentiments. White evangelicals accounted for a quarter of voters in 2016, and they supported the Republican candidate with 81% of the vote.
The tricks of Senate Republican Leader Mitch McConnell (Mitch McConnell) encouraged this a priori unexpected attachment. After the death of Judge Antonin Scalia in February 2016, he opposed the appointment of President Obama to succeed him, making the composition of the court a campaign issue. This unprecedented obstruction of the constitutional process has made the court the center of presidential debate, and the identity of the next president has become crucial to the future political direction of the institution.
The retirement of Anthony Kennedy, considered a modest conservative, and the death of the feminist icon Ruth Rogburg in 2020, a few weeks before the 2020 election, has completed the conservative power of the Supreme Court. Therefore, this is an obviously conservative court that will review a Mississippi law that is contrary to current precedent from October. It prohibits abortion after 15 weeks of pregnancy, which is far below the threshold of viability. Prior to this, any current ban on abortion was considered unconstitutional.
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