The U.S. Supreme Court dealt a new blow to opponents of the law in the state of Texas yesterday, which, for four months, has banned abortion from the sixth week of pregnancy.
The leading body of American justice, the clear majority of whose members (6/9) are conservative, refused – without explaining its reasoning – to return the case to a federal judge who had blocked the implementation of the law.
In practice, this means that the issue remains in the hands of the very conservative New Orleans Federal Court of Appeals, where the process is complicated.
The three progressive members of the Supreme Court separated their position from their colleagues, announcing in an extremely sharp tone.
“Today, for the fourth time, the Court has refused to protect pregnant women in Texas,” said Judge Sonia Sotomayor. “The court averts its gaze,” while Texas “deprives citizens of their constitutional rights,” he added.
From September 1, this South American state prohibits abortion, even in cases of rape or incest, as soon as the fetal heartbeat can be perceived, ie around the sixth week of pregnancy, when most women they are still unaware that they are pregnant.
About ten comparable state laws have been overturned, as they violate the jurisdiction of the Supreme Court: this has been recognized since 1973, when it announced its historic verdict in Roe v. Wade, and reaffirmed in 1992, the right of American women to abortion as long as the fetus is not yet viable, that is, around the 22nd to 24th week of pregnancy.
But the law passed in Texas contains an unprecedented provision: it leaves “exclusively” to citizens to ensure compliance, more specifically stating that they should sue anyone suspected of helping any woman have an abortion after the sixth week of pregnancy. He promises them a reward of up to $ 10,000.
In the absence of an official who may be ordered not to enforce the law, the mechanism devised by Texas lawmakers complicates federal justice intervention.
In the repeated appeals that were made, the Supreme Court hid behind “new procedural issues” in order to avoid intervening, to be left on the sidelines.
His inaction – seen as an indication of the influence of the three judges appointed by former President Donald Trump – shows for many that he is unwilling to defend the right to abortion.
It may even abolish it, in a separate case involving the state of Mississippi. During a meeting on a law banning abortion from the 15th week of pregnancy there, its members appeared ready to overturn Rowe v. Wade, which allows each state to enforce its own abortion laws. .
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