Denver, Colorado 2021-10-12 00:35:10 –
Washington — Abortion already dominates the new term of the Supreme Court, months before judges decide whether to overturn a decision that dates back nearly 50 years. Not only is Mississippi calling to dismiss the Roe v. Wade case, but courts will soon be asked again to consider Texas law banning abortion in about six weeks.
Judges are considering the future of abortion rights in the United States and will not write about the blank state. They have said a lot about abortion over the years, with opinions, votes, and Senate confirmation testimony. Only one Clarence Thomas has openly called for overturning two cases, Law and the planned parent-child relationship vs. Casey, which have established and reaffirmed women’s right to abortion. Here is a sample of their comments:
Chief Justice of the Supreme Court John Roberts
Roberts resolved to uphold the restrictions on two major abortion cases. A majority in 2007 upheld a ban on abortion methods, which opposition called “partial abortion,” and opposed when the court withdrew restrictions on abortion clinics in Texas in 2016. A case called Whole Woman’s Health. However, when virtually the same Louisiana law was submitted to court in 2020, Roberts voted against it, controlling the outcome of the proceedings and writing an opinion invalidating the Louisiana law. .. The Chief Justice continues to believe that the 2016 case was “wrongly decided,” but said the question was “whether to comply with it when deciding on the current case.”
Roberts’ view of when to break the case could determine how far he would go in a Mississippi proceeding. At a confirmation hearing in 2005, he said overturning the precedent was “a shock to the legal system.” It depends in part on stability and fairness. He said it was not enough to think that the previous case was wrongly decided. To overturn the case, it is necessary to examine these other factors, such as resolved expectations, such as court legitimacy, such as whether a particular case is feasible and whether the case has been eroded by subsequent developments. There is, “said Roberts.
At the same hearing, Roberts explains in a statutory document submitted by the George HW Bush administration that Roe’s conclusion that he has the right to abortion “has no support for the text, structure, or history of the Constitution.” Was asked. ‘Roberts replied that the outline reflected the administration’s view.
Judge Clarence Thomas
Thomas voted to overthrow Law in his first term in court in 1992 when he was an opponent of the planned parent-child relationship vs. Casey. Since then, he has repeatedly called for the overthrow of Roe and Casey.
He disputed in 2000 when the court withdrew Nebraska’s ban on “partial abortion.” Regarding the court’s decision at Roe, he wrote: The decision was terribly wrong, as some of my colleagues in past and present courts have shown well. Abortion is a unique act of ending the movement of a woman to control her body, depending on her perspective, human life, or potential human life. Our federal constitution does not deprive the people of this country of the right to determine whether the consequences of an abortion on the fetus and society outweigh the burden of undesired pregnancy by the mother. The state may allow abortion, but there is nothing in the constitution that states must do so. “
Stephen Breyer Justice
Breyer was the lead author of the majority of two courts advocating the right to abortion in 2000 and 2016. He has never voted to maintain abortion restrictions, but he acknowledges the controversy over abortion.
Millions of Americans believe that “abortion is like causing the death of an innocent child,” while millions of others “laws banning abortion make many American women. I’m afraid to blame my life without dignity, “he wrote in a Nebraska lawsuit. Twenty-one years ago, he called these views “virtually unreconcilable.” Still, Breyer said, “This court is based on the constitution in the course of generations, because the constitution guarantees” basic individual freedom “and must govern even if there is a strong division within the country. We decided to provide protection and re-decided. ” To the right of women to choose. “
Samuel Alito Justice
As a lawyer and formerly a government lawyer, Arito has a long history of voting and writing against the right to abortion.
Alito has resolved to uphold all abortion legislation considered by the court since its confirmation in 2006, and has joined the majority to uphold the federal “partial childbirth” abortion law in proceedings in 2016 and 2020. I opposed it.
As a judge in the Federal Court of Appeals, he voted to support a series of Pennsylvania abortion restrictions, including requiring women to notify their spouses before obtaining an abortion. The Supreme Court eventually invalidated Casey’s notification rules and reaffirmed the right to abortion in 1992 with a 5-4 vote.
Arito, who worked for the Reagan administration in 1985, wrote in a memo that the government should publicly say “I don’t agree with the Roe v. Wade case” in the pending abortion case. Around the same time, Arito, who applied for promotion, said he was “especially proud” of his work, claiming that “the Constitution does not protect the right to abortion.”
Sonia Sotomayor Justice
Sotomayor joined the court in 2009 with few records of abortion issues, but has since voted in favor of the right to abortion. Sotomayor accused his colleagues of “buying their heads in the sand” when a court recently approved the enforcement of Texas’s restricted abortion law. She accounted for the majority of abortion clinic cases in Texas and Louisiana.
Sotomayor’s dissatisfaction with the court’s recent Texas ruling was evident in her recent virtual appearance. “I can’t change Texas law, but you can,” she said.
Judge Elena Kagan
Kagan has also voted in favor of the right to abortion as a judge for over 11 years. She is also the most consistent voice in court advocating the importance of keeping case law and can be expected to try to convince colleagues not to give up constitutional protection for abortion.
Cagan was the majority when the court withdrew Texas and Louisiana restrictions on abortion clinics. More recently, Cagan called Texas’s new abortion law “clearly unconstitutional” and “clear, practically indisputable, conflict between Law and Casey.”
Cagan was already working on the issue of abortion before becoming a judge. While working at the Clinton White House, she was the co-author of a memo that urged the president to uphold the Republican Party’s proposed abortion ban in Congress for political reasons, as long as there are exceptions to women’s health. bottom. .. Finally, President George W. Bush signed a similar late abortion ban, with no health exceptions. The Supreme Court upheld it.
Neil Gorsuch Justice
Gorsuch probably has the shortest record of abortion among the nine judges. He made up the majority and allowed Texas to enforce a restricted abortion law. If he disputed in 2020, he would have upheld the restrictions of the Louisiana abortion clinic. As a judge in the Court of Appeals before joining the Supreme Court in 2017, Gorsuch reiterated the ruling that prevented then-Governor of Utah, Gary Herbert, from suspending funding for planned parent-child relations. I objected when I refused to consider it. However, Gorsuch argued at a Senate confirmation hearing that he was interested in procedural issues rather than the subject matter. “I don’t care if it’s an abortion or a widget,” he said.
Judge Brett Kavanaugh
Kavanaugh’s name was added to the list of candidates for the Supreme Court of former President Donald Trump shortly after supporting the administration in a 2017 proceeding, including proceedings. Trump elected him to court the following year. As a judge, Kavanaugh opposed the Louisiana decision and resolved to allow the enforcement of new Texas law, but he was less absolutist than some of his conservative colleagues. In the case of Louisiana, for example, Kavanaugh wrote that more information was needed on how restrictions on state clinics would affect doctors providing abortion, and that information changed his vote. It seems to suggest that there is a possibility.
Kavanaugh’s most extensive writing on abortion was made when he was a judge in the Federal Court of Appeals in Washington. The Trump administration has appealed a lower court ruling ordering pregnant 17-year-old migrants in custody to have an abortion. The administration’s policy was to refuse to help these minors have an abortion while in custody.
Kavanaugh joined a committee of three judges who postponed the abortion, arguing that authorities should be given a limited time frame to move minors out of government control to sponsor care. After that, she was able to get an abortion without government support. The Court of Appeals later overturned the decision and teenagers obtained an abortion. Kavanaugh called the decision out of step with “the Supreme Court’s majority opinion, which has repeatedly supported rational regulation that does not overburden the right to abortion granted by the Supreme Court in the Roe v. Wade case.” I was surprised.
Kavanaugh was criticized by some conservatives for not going to his colleague, Judge Karen Henderson, who clearly stated that US immigrants did not have the right to have an abortion. At a hearing in the Court of Appeals, Kavanaugh avoided asking questions about his personal beliefs about the Roe v. Wade case.
Judge Amy Coney Barrett
Barrett’s one public vote on the Supreme Court on abortion was to allow the Texas “fetal heartbeat” law to come into effect. She also cast two votes as a judge in the Court of Appeals to reconsider the ruling that blocked Indiana’s abortion restrictions.
In 2016, shortly before Trump’s inauguration election, she commented on how the abortion law would change if Trump had the opportunity to appoint a judge. “I don’t think it’s a core case-Roe’s core thinks women have the right to abortion-I don’t think it will change,” said Barrett, then professor of law at Notre Dame. She said restrictions on what she called “very late abortion” and restrictions on abortion clinics are likely to be upheld.
Barrett also has a long record of personal opposition to the right to abortion and co-authored a 1998 legal review article stating that abortion is “always immoral.” Barrett said in a written testimony at a hearing as a judge in the Court of Appeals in 2017, “If I was confirmed, my view on this question or any other question would be my duty as a judge. It has nothing to do with performance. “
Supreme Court justices’ views on abortion in their own words and votes Source link Supreme Court justices’ views on abortion in their own words and votes