By there, this legislation will remain in force, the highest jurisdiction of the country refusing to suspend the application of the text.
Le Monde with AFP
The Supreme Court of the United States announced, Friday, October 22, which it would consider the November 1 SUPPORT. By then, this law will remain in force, the highest jurisdiction of the country refusing to suspend the application of the text.
The administration of President Joe Biden had seized Monday the Supreme Court with the aim of blocking this law that prohibits abortion as soon as the heartbeat of the embryo are detectable, or to six weeks of pregnancy, when the Most women do not still be pregnant. The text does not provide exceptions in case of incest or rape.
The Supreme Court of the United States guarantees since 1973 and the iconic judgment Roe vs Wade the right of women to abort, and then said that it applied until the fetus is not viable, or towards Twenty-two weeks of pregnancy.
But the Texas text includes a single device: it entrusts “exclusively” to citizens to enforce the measure by encouraging them to file a complaint against organizations or people who help women to abort. According to Texane law, complaining of people facilitating IVGs beyond six weeks can receive at least $ 10,000 from “compensation” in case of conviction.
Six Conservative judges on nine. / h2>
The Supreme Court, where the conservative judges are the majority, had already been seized for the first time and therefore invoked these “new procedural issues” to refuse, the 1 September, to block the entry into force of the law. President Biden then lasted with very strong words this decision, the qualifying it of an “insult to the rule of law” causing “chaos”. The federal government then entered the judicial arena, filing a complaint on his name against Texas.
The position of the Supreme Court in this case has been perceived as a “right turn” of the high jurisdiction, which has six conservative judges on nine, including three named by Donald Trump. On October 2, thousands of protesters were descended into the US streets to defend the right to abortion.
Sonia Sotomayor, one of three judges appointed by a Democratic President, opposed the announced decision on Friday, arguing that the Supreme Court should immediately suspend this law “in open contradiction with the constitutional rights of the women looking to abort in Texas “.
On 6 October, a trial judge suspended the law, pending an examination on the merits. “This Tribunal will not allow this shocking deprivation of such an important right to continue one more day,” said Federal Judge Robert Pitman. Some clinics then resumed abortions beyond six weeks.
But the Attorney General of Texas, the Republican Ken Paxton, had appealed to the Federal Court of New Orleans, renowned for being one of the most conservative of the country, which gave it reason: two days later , she invalidated Judge Pitman.
In recent years, laws comparable to that put in place in Texas have been adopted by a dozen other Conservative States and invalidated in court because they were violating the case law introduced by the ROE vs Wade.