The Supreme Court of the United States inflicted, Friday, December 10, a setback on defenders of the right to abortion by refusing to block a law in Texas which has banned since 1er September to the inhabitants of this vast State to abort after six weeks of pregnancy.
The high court did allow federal courts to intervene against the law, but clinics and doctors who perform abortions in Texas remain under threat of costly lawsuits if they intervene beyond this time limit. With the ruling, the court’s strong conservative majority signaled that it was unwilling to defend the right to abortion, which it could even curtail in a few months in another case emanating from Mississippi.
Noting that “Women’s rights are under attack in several states”, Democratic President Joe Biden said in a statement to himself, ” very worried “ of the Supreme Court’s decision to leave Texas law in place. Mr. Biden’s administration appealed to the Supreme Court on October 18 in an attempt to block the legislation.
“It’s cruel, unfair, inhuman”, commented Amy Hagstrom Miller, president of the Center for Reproductive Rights, which manages four clinics in this conservative South American state: “Our teams are desperate, frightened, discouraged” and “Our patients do not understand why they are denied the care they need”.
Inaction of the Supreme Court criticized on the left
“GREAT VICTORY”, on the contrary, Texas Attorney General tweetedRepublican Ken Paxton, who like other abortion opponents has welcomed the law to stay in force. “It’s a victory for Texas and the pro-life movement”, added Republican Senator of the State Ted Cruz.
Texas prohibits abortion, even in cases of rape or incest, as soon as the embryo’s heartbeat is noticeable, around six weeks pregnant, or four weeks after conception, when most women ignore still be pregnant.
The federal courts have in the past invalidated a dozen comparable laws because they violate the jurisprudence of the Supreme Court: the latter recognized in 1973, in its historic judgment Roe V. Wade, and reaffirmed in 1992, the right of Americans to abort until the fetus is viable, around 22 to 24 weeks gestation. But Texas has imagined an exceptional device: its law confides “Exclusively” to citizens to ensure that this prohibition is respected, by encouraging them to take civil action against people and organizations which help women to infringe it against the promise of 10,000 dollars (8,800 euros) in compensation. In the absence of an official responsible to whom to order not to apply the law, this mechanism complicates the intervention of the federal justice.
Seized urgently when the text entered into force, the Supreme Court, which has six conservative magistrates out of nine, took refuge behind these “New questions of procedure” to stay away. His inaction, seen as a sign of the influence of the three judges appointed by Donald Trump, had been strongly criticized on the left. The legal battle then intensified, forcing the court to reopen the case.
“The court should have put an end to this madness”
Finally, eight of its members on Friday identified a handful of officials from the state health services, responsible for licensing doctors and clinics, who could be the target of legal action. The majority judgment deals only with technical questions and does not at any time mention the right to abortion.
In a separate text, Court Chief John Roberts, a moderate conservative, and the three progressive magistrates called for the courts to quickly block the law “Contrary to the Constitution”, “Taking into account its sinister and persistent effects”.
“The Court should have put an end to this madness several months ago”, added progressive judge Sonia Sotomayor. “She was wrong at the time and she is still wrong today”, leaving it in effect.
These disagreements between the Nine Wise Men were also noticeable during the review on 1er December, of a Mississippi law that prohibits abortion after 15 weeks of pregnancy. At the hearing, the Conservative majority appeared ready to use this record to reverse Roe v. Wade who, almost 50 years later, continues to strongly divide the United States.
If the Court, which will render its decision in June, decides to overturn it, half of the 50 American states should, in the more or less short term, ban abortions on their soil.
