SCOTUS is set to hear Mississippi’s professional case that could end Roe v. Wade when we know
On Wednesday, the US Supreme Court will hear oral arguments in a case challenging Mississippi law that bans abortions after 15 weeks.
In the Dobbs Women’s Health Foundation v. Jackson, judges will consider whether the state Gestational Age Act violate the Constitution of the United States as explained in the case of 1973 Roe v. Wade.
The central holding of Roe are states that may not prevent women from having an abortion during the first trimester of pregnancy, which is 12 weeks.
During the second trimester, states can reasonably impose regulations related to the protection of pregnant women’s health.
Finally, in the third trimester, States can weigh their concerns about preserving the life of the unborn baby, as the baby gains viability outside the womb, against the “right” of abortion. woman’s pregnancy.
The structure is made up of whole fabric as required by the Constitution, which is silent on the issue of abortion.
Judges rely on the “right of secrecy” found in the First, Fourth, Fifth, and Ninth and 14th Amendments.
Never mind that the right to life is explicitly guaranteed by the Fifth and Fourteenth Amendments, which makes a strong argument that the unborn child’s life interest is paramount.
That is of course, unless the mother’s life is in danger due to the pregnancy.
Roe v. Should Wade be overturned?
I clearly recall then-GOP Representative Henry Hyde of Illinois made that exact position during a House Judiciary Committee hearing in the summer of 1995 when a Democratic lawmaker challenged the Republican partial abortion ban on the basis of which department.
His reason made sense to me then, and it makes even more sense now.
Prior to Roe’s decision, more than 30 states had banned abortion in most cases, according to washington articles.
Only four states – Oregon, New York, Alaska and Hawaii – have the broad regime the judges created in their February 7 ruling.
If the justices had ignored Roe and upheld the Mississippi Gestational Age Act, 22 states would have book laws that more restrictively restrict abortions than allowed under current Supreme Court precedent, according to Guttmacher Viện Institute.
Notably, eight states that still keep pre-Roe bans are currently unenforced: Alabama, Arizona, Arkansas, Michigan, Mississippi, Oklahoma, West Virginia, and Wisconsin.
Sarah Perry Heritage Foundation Scholar and Thomas Jipping did an even better job break The legal context and impact of the Mississippi case.
“Two features of the law are at the heart of this litigation. First, it is a ban, not a regulation, on the practice of abortion. Second, this injunction worked well before it was likely to exist, which the Supreme Court established in Roe, and reaffirmed in Casey, as ‘important facts’, they wrote.
“The Act asserts that the state is interested in protecting maternal health because maternal risks from abortion increase proportionally with gestational age,” continued Perry and Jipping.
The Supreme Court will hear arguments Wednesday in Dobbs v. JWHO, challenging MS’s 15-week abortion ban. This is the article my colleague Sarah Parshall Perry and I published about this case. https://t.co/Lt5U2vr5QW
– Thomas Jipping (@TomJipping) November 29, 2021
“Additionally, the abortion method used after 15 weeks, known as dilation and extraction, is ‘a barbaric, dangerous procedure for pregnant women and degrading medical staff.’
Dr. Donna Harrison – a board-certified obstetrician and gynecologist and CEO of the American Association of Professional Obstetricians and Gynecologists – argued in an article about Daily signal that Mississippi law is well founded on its stated purpose of protecting the health of the mother.
“Consider the high risk of preterm birth due to surgical abortion. A woman who has had one abortion has a 30% increased risk of preterm birth while a woman who has had two abortions has a 90% increased risk of preterm delivery,” Harrison wrote.
“To put these numbers into perspective, the researchers estimate that more than 100,000 American children have died since 1973 from preterm birth related to prior abortions,” she said.
“And the crisis has hit minority communities hard. Nearly half of these deaths are black children, even though blacks make up only 14% of the population.”
Harrison notes that she has treated many women throughout her career, “who were unable to carry a full-term pregnancy due to complications arising from previous abortions.”
She recounts that patients tell her they are not aware of the risks that long-term abortion poses to their ability to have children later in life.
“I take very seriously the main claim of the Hippocratic Oath – primum non nocere – which means ‘first do no harm.’ Our laws around abortion should do the same. Sadly, they don’t.” https://t.co/zNMXgYh4id
– Daily Signals (@DailySignal) November 21, 2021
The doctor points out that the US is behind many European countries – including France, Italy, Germany, Spain, Norway, Switzerland and Belgium – that place abortion limits on pregnancies.
In fact Charlotte Lozier Institute determined in 2014 that the US was one of seven countries in the world that allowed abortions after 20 weeks, which sadly puts us right next to countries that care less about human life, such as China and Korea.
The United States should take the lead in defending the right to life.
It’s listed in the nation’s founding charter, Declaration of Independence, is one of the three inalienable rights given to us by nature.
Let’s hope and pray that at least five judges will see this fact and vote to overturn the Roe v. Wade case.
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