US Supreme Court looks likely to endorse strict abortion laws

THE US Supreme Court yesterday signalled it will uphold a restrictive Mississippi abortion law that poses a direct challenge to women’s rights nationwide.

Such a ruling could mark a major shift in the country’s abortion laws and was met with pre-emptive attacks by leading Democrats.

Nancy Pelosi, the House Speaker, warned that failure to strike down the “radical abortion ban” would “seriously erode the legitimacy” of America’s highest court.

The Mississippi law, which would ban abortions after 15 weeks, with few exceptions, is one of the most contentious cases to go before the Supreme Court since its conservative majority was expanded to 6-3 under Donald Trump. Anti-abortion activists see the case as their best hope in overturning Roe v Wade, the landmark 1973 ruling which established a woman’s right to an abortion up until a foetus is viable which is around 23 weeks.

The Mississippi law was blocked by lower courts which deemed it unconstitutional since it undermines Roe.

Activists argue that upholding the Mississippi law would give states unfettered power to restrict, and effectively ban, the procedure.

Supreme Court judges indicated their willingness to do just that in heated arguments yesterday.

It is less clear whether the court’s ruling, not expected until next year, will simply pare back Roe v Wade or strike down the ruling in its entirety.

John Roberts, the chief justice, signalled his willingness to uphold the 15-week limit asking why that was not enough time for a woman to obtain the procedure.

Other justices, including Trump-era appointees Neil Gorsuch and Brett

Kavanaugh, appeared to be interested in the possibility of overturning Roe v Wade. “The Constitution is neither prolife nor pro-choice and leaves the issue to the people to resolve in the democratic process,” Mr Kavanaugh said.

The court’s newest justice, Amy Coney Barrett, asked whether the option to put unwanted babies up for adoption offered an alternative to abortion. The devout Roman Catholic and mother-of-seven replaced the court’s late liberal icon Ruth Bader Ginsburg in 2020.

The court’s three remaining liberal justices issued stark warnings over the implications of reversing Roe v Wade.

Sonia Sotomayor asked whether the institution could “survive the stench that this creates in the public perception that the constitution and its reading are just political acts”.

Should Roe v Wade be overturned, 21 states, including Mississippi, would move to ban terminations in all or most cases, according to the Guttmacher Institute, which supports abortion rights.

A poll by CBS News last week found that the majority of Americans – 62 per cent – want Roe v Wade to remain in place, while 32 per cent said they want the Supreme Court to overturn it.

The survey also revealed the issue has the ability to energise voters, with 36 per cent of Democrats saying they would be more likely to vote in the upcoming elections if Roe v Wade were overturned. A smaller number of Republicans – 16 per cent – said they would be more likely to vote as a result.

The nine-member panel is likely to deliver a decision in the case next summer, just as the 2022 midterm Congressional election campaigns are in full swing.

‘The constitution is neither pro-life nor pro-choice and leaves the issue to the people to resolve democratically’