‘RIP Roe v. Wade’: Authorized Consultants Warn on SCOTUS Resolution to Take Up ‘Greatest Abortion Case in Extra Than a Technology’
The US Supreme Court announced Monday morning that it would take up a case in Mississippi that bans abortion after 15 weeks. Legal experts say a conservative majority of 6 to 3, and after years of right-wing pressure, including spending tens of millions of dollars in bringing these conservatives to justice, Americans will likely see the end of women’s right to stand up for one Abortion to decide.
According to SCOTUSblog, the Dobbs v Jackson Women’s Health Organization case “could be the largest abortion case in more than a generation”.
The Mississippi case is clearly unconstitutional based on the 1973 Supreme Court ruling in the Roe v. Wade, as the New York Times notes today:
Judge Carlton W. Reeves of the Jackson, Miss. Federal District Court, Blocked the Act in 2018, said the legal issue was straightforward and challenged the state legislature’s motives.
“The state has decided to pass a law it knew would be unconstitutional to support a decade-long campaign fueled by national interest groups to ask the Supreme Court to overthrow Roe v. Wade,” Richter wrote Reeves. “This court follows the directions of the Supreme Court and the provisions of the United States Constitution rather than the insincere calculations of Mississippi legislation.”
Many conservative groups spent enormous amounts of money getting America to the point where the Supreme Court would turn what its own justices have called “the law of law” on its head. Ten, if not hundreds of millions of dollars.
Slate’s Mark Joseph Stern explains why this is likely the end.
“There’s no division in the lower courts over a state’s ability to ban abortion after 15 weeks (or sooner),” he says on Twitter. “It is likely that the Supreme Court took this case up to change the rule.”
And he suggests, like others, that the Conservatives waited in court until they had a strong majority to take this case up.
“The Supreme Court has been sitting on Dobbs since September 2020. Behind the scenes, there was clearly a battle between the judges over the decision to take this case. It is an extremely ominous sign of reproductive rights that the anti-abortion faction appears to have prevailed. “
Stern says, “The court can effectively justify total abortion bans. Reproductive rights advocates have long feared this day. “
Other legal experts agree that a woman’s right to abortion is likely to be nearing its end.
Former US attorney Harry Litman, who now teaches constitutional law at the University of California in Los Angeles and San Diego and is a LA Times legal columnist, says this is a “frontal assault on constitutional reproductive rights.”
Lower courts said the law was clearly unconstitutional under Roe, prohibiting states from banning abortions before the fetus is viable. The Mississippi District Court described the matter as “straightforward”. Frontal attack on constitutional reproductive rights.
– Harry Litman (@harrylitman) May 17, 2021
Ilyse Hogue, President of NARAL Pro-Choice America:
Breaking: #SCOTUS to address the direct challenge to Roe v. Wade to hear. Never forget that McConnell and others ridiculed us and set us on fire by the battle of Kavanaugh for claiming legal abortion was in danger. They knew. You lied. We knew. We fought. And we are still a long way from fighting.
– Ilyse Hogue (@ilyseh) May 17, 2021
“It’s clear,” said the Fordham University law professor Jed Shugerman says the Supreme Court will undermine Roe. Kavanaugh is likely the key voice in overthrowing Roe. “
Stern says the Conservative judges “seem poised to end Roe head-on,” and Barrett is why:
To be clear, the Supreme Court is only ready to overthrow Roe because of Amy Coney Barrett. Roberts sided with the Liberals in a 5-4 abortion ruling last summer (albeit reluctantly and with qualifications). With Barrett’s approval, the court turned against Roe and Casey.
– Mark Joseph Stern (@mjs_DC) May 17, 2021
Vox senior correspondent Ian Millhiser, author of two books on the Supreme Court, sums it up:
RIP Roe v. Wadehttps: //t.co/7OtvlCMBKk
– Ian Millhiser (@imillhiser) May 17, 2021
The article “RIP Roe v. Wade”: Legal experts warn against SCOTUS ‘decision to take up the “largest abortion case in more than a generation” first appeared in the New Civil Rights Movement.
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