The Supreme Court, dominated by the conservative judges, questioned the ROE VS Wade judgment of 1973 on Friday and referred to the states to legislate on this question.
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The United States engages in a historical regression, by calling into question a constitutional right acquired by women half a century ago. The supreme court decided, Friday, June 24, to put down the ROE vs wade , which authorized the appeal to abortion throughout the country. Since 1973, this judgment has been the subject of a meticulous assault and richly endowed on the part of the most conservative Christian right. But it was the three appointments of magistrates carried out under the chairmanship of Donald Trump which upset the balance of the Supreme Court and opened the way when returning back. Its legal, social and political replicas are likely to upset the country. According to Joe Biden, by this “tragic error”, the Supreme Court “literally brings the country a hundred and fifty years back”.
The intentions of the conservative majority of the judges (6 against 3) were known since the flight of a draft of the decision in the press in early May. The decision published on Friday, which responds to a Mississippi law prohibiting abortion beyond fifteen weeks of pregnancy, nevertheless aroused an immense shock. It confirms the so -called “original” approach to the Court, which retains a literal interpretation of the American Constitution: what would not be explicitly mentioned would not be an inalienable right.
The more the reference to a right, the more legitimate it would be, and regardless of the evolution of medicine and customs, the affirmation of gender equality. “The Constitution does not refer to abortion,” writes the decision of the decision, Samuel Alito. The latter rejects the idea that the voluntary termination of pregnancy (abortion) can be the right to privacy, argument retained in the Roe vs Wade judgment. He notes that abortion “is not deeply rooted in the history and traditions of the nation” and that the 1973 decision was “wrong in a blatant and deeply damaging way”. Judge Alito considers that at the time, the court “usurped the power to deal with a question of deep social and moral importance that the constitution leaves unequivocal to the people”.
The United States in unknown territory
It is time, he says, to “refer the problem of abortion to elected representatives”. According to the Court, it will return to each State to determine its own legislation in this area, by prohibiting abortion, by drastically limiting it, as did Texas in September 2021, or by authorizing it largely. “Women are not devoid of electoral or political power,” Samuel Alito kindly notes, inviting them to participate in public debate and influence their elected officials.
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