Riverside, California 2022-05-03 07:26:05 –
Politico said it had obtained a draft majority opinion of the Supreme Court showing that the groundbreaking abortion decision would be overturned.
Austin, Texas — According to Draft opinion The US Supreme Court, acquired by Politico, intends to overturn the Roe v. Wade case, overturn nearly 50 years of constitutional protection against abortion, and force the state to set its own restrictions on procedures.
If this draft reflects the court’s final decision expected this summer, access to abortion in Texas will be virtually eliminated. Last year, the legislature passed the so-called “trigger law,” which came into effect 30 days after the Supreme Court overturned the Roe v. Wade case and condemned abortion.
The law makes exceptions only to save the lives of pregnant patients or when there is a risk of “substantial impairment of major physical function”. Doctors face life imprisonment and can be fined up to $ 100,000 if they commit an abortion in violation of the law.
It is unclear how closely the court’s final decision is related to the draft opinion, Publication It is unprecedented in the history of the court.
The US Supreme Court proceedings focus on a ban on abortion after 15 weeks in Mississippi. Since the Roe v. Wade decision in 1973, courts have consistently withdrawn the ban on abortion, allowing the fetus to survive outside the womb before it becomes viable, usually considered 22-24 weeks gestation. increase. Planned Parenthood vs. Casey’s 1992 decision upheld the Roe v. Wade case and ruled that the state could not impose restrictions that would “excessively burden” pregnant people seeking abortion. ..
However, in this Mississippi proceeding, the court and its new conservative majority agreed to reconsider the precedent set by the Roe v. Wade case. Some court observers predicted that the 15-week ban might be upheld, but that aspects of the precedent might be left untouched, but this draft opinion is that they both Roe and Casey. Indicates that you intend to curse.
“We think we have to dismiss Roe and Casey,” reads the draft Politico got. “It’s time to pay attention to the Constitution and return the abortion issue to the elected representatives of the people.”
This draft does not change anything about the legal status of abortion in Texas at this time.Have state Abortion prohibited after about 6 weeks So far, the possibility of pregnancy through a unique civil enforcement mechanism that has endured judicial review.
Amy Hagstrom Miller, president and CEO of Whole Woman’s Health, which operates four clinics in Texas, has provided abortion up to six weeks after Texas law came into force on September 1, which is legal. As long as there is. She said it was important for people to recognize that this was not the final decision.
“News like this confuse and scare people. I think some people read these stories and think that abortion is already illegal,” Hugstrom Miller said. .. “I think it’s important for us to talk to these people and let them know that this isn’t the final thing. At least for now, we can provide them with the right care.”
Texas opposition to abortion is cautiously optimistic about the announcement of this draft decision. Joe Pojman, executive director of the Texas Alliance for Life, said it was “encouraging,” but he’s still holding his breath.
“We have been burned before. We are waiting for the final opinion,” Pojman said.
In 1992, then conservative Judge Anthony Kennedy said he would vote for a majority of the courts to overthrow Law in a planned parent-child relationship vs. Casey.And he He changed his mindAnd the court resolved to uphold the decision.
“Assuming the draft is legal, I remind myself that this is far from the final opinion of the court,” Pojman said. “So it’s encouraging, but it’s not at all decisive in my mind.”
The fight is “not over yet,” said John Seego, head of legislation for Texas Light to Life.
“This was probably leaked because it could put pressure on the judge, cause a backlash, and step back from this decisive victory on the prolife side,” he said. “That’s what we are concerned about, [we] We will not completely celebrate until the final opinion is actually announced. ”
Liz Sepper, a law professor at the University of Texas, also warned of certainty in the wake of the leak, reiterating that the draft, dated February 10, may not reflect the court’s current or final opinion. rice field. But based on the oral argument in the December case, she said it was not surprising to see some of the judges supporting this total refusal of the Roe v. Wade case.
“This will effectively end access to abortion in much of the United States, at least in people’s home states,” she said. “For people in the southern states and the Midwest, traveling to access abortion would mean a very long distance.”
If the Roe v. Wade case is overturned, more than half of all states are expected to ban abortion. According to the Guttmacher Institute, Abortion Advocacy Research Group. This means that the average Texan must drive 525 miles one way to get an abortion.
Mr Sepper said politicians on both sides of the aisle are closely watching the response to the draft while preparing to respond to the ruling this summer.
Former Texas State Senator Wendy Davis said Democrats struggling to vote want to take advantage of the anger that the draft could generate.
“Our anger wouldn’t help us at all if we didn’t postpone the vote,” she added. “And if the Democrats can’t take advantage of it in this election cycle, something is broken.”
Abbey Livingston contributed to this story.
This story is from a KHOU11 news partner. Texas TribuneA non-profit, non-partisan media organization that informs and engages with the Texans on public policy, political, government, and state-wide issues.
Texas will completely ban abortion if Roe vs Wade is overturned Source link Texas will completely ban abortion if Roe vs Wade is overturned