Majority Defends Protection of Abortion Rights

WHAT WILL HAPPEN IF ABORTION RULING IS OVERTUNED?

Newsroom El Comercio de Colorado

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The leaking of the draft of the Supreme Court ruling that would overthrow the legal protection of the right to abortion has caused shockwaves in DC in the middle of an election year in a country where political polarization is increasingly volatile. If the conservative majority of the highest judicial body in the US revokes the ruling that has protected abortion rights since 1973, a good handful of states governed by Republicans will limit or suppress this right. Meanwhile, the Democrats will raise their defense in the midterm elections.

What does the draft say?

The draft published by the Political portal, an unprecedented leak in the history of the Supreme Court, proposes to revoke the “Roe v. Wade” ruling of 1973. This safeguards the right to abortion throughout the country by ensuring that the Constitution protects the freedom of women to their access without major restrictions. “The Constitution makes no reference to abortion and no such right is implicitly protected by any constitutional provision,” Judge Samuel Alito, author of the draft, says in the text, supported by four other members of the court.

The president of the Supreme Court, John Roberts, confirmed the authenticity of the draft and announced an investigation to find those responsible for the leak. Roberts has promised that the court’s work “will not be affected in any way” by the pressures that may arise. In front of the headquarters of the Supreme Court, in Washington, there have been several demonstrations in favor of the right to abortion with signs such as “If I wanted the Government in my vagina I would sleep with a senator”, “My body my choice” or “Abortion is healthcare”.

What would happen if this proposal is approved?

The document is a draft, so the final ruling, scheduled for June, could be different. If the conservative majority of the court – six of the nine justices – were to strike down “Roe v. Wade”, abortion would not be prohibited in the country, but instead it would give states free rein to veto it. In that sense, the Planned Parenthood organization calculates that at least 21 of the 50 states in the country could suppress this right, such as Texas, Arizona, Missouri, Georgia, Ohio, Indiana and Wisconsin, some of which have already passed very restrictive regulations.

The restrictions will not appear in states like California, New York and New Jersey. Some groups have expressed fears that the Supreme Court, which has the most conservative majority in decades after former President Donald Trump (2017-2021) appointed three judges, could limit other rights such as equal marriage. With Judge Amy Coney Barrett there is doubt about her radical positions. However, Justices Neil Gorsuch and Brett Kavanaugh appear moderate which is yet to be confirmed.

Majority Defends Protection of Abortion Rights Mayoría defiende protección del derecho al aborto

How will it affect the elections?

The draft has already become the central issue in the electoral race for the November 3 midterm elections, in which Democrats fear losing their majority in both houses of Congress. US President Joe Biden called for voting for congressmen and senators who are in favor of access to abortion a “fundamental right.”

His objective is to protect abortions by law throughout the country so that the matter no longer depends on the jurisdiction of the Supreme Court. The truth is that Democrats have already tried it in the past, but Republicans in the Senate have so far blocked the debate through the tactic of filibustering, which forces them to have at least 60 of the 100 votes in the chamber.

What do Americans think?

The majority of Americans, 54 percent, believe that the Supreme Court should uphold the ruling that protects the constitutional right to abortion throughout the country. This is revealed by a survey by The Washington Post and the ABC network. The survey, carried out before the leak of the draft, indicates that only 28% of citizens believe that it should be revoked.

Asked more generally whether abortion should be legal in “most cases” or “in all cases,” 58 percent of respondents said yes. Meanwhile, there is a percentage of 37 percent who say that abortion should be illegal in “most cases” or in “all cases.”