Skip to content

the Supreme Court is preparing to annul the right to abortion

The Supreme Court of the United States is on the verge of overturning a historic judgment recognizing for almost half a century the right to abortion in the United States, according to a bill which has had the effect of a bomb in Washington.

The Politico newspaper, which relies on an unpublished leak of documents, indicated in an article late Monday that it had obtained the preliminary draft of a majority decision written by conservative judge Samuel Alito and dated February 10.

Immediately after this leak, hundreds of people spontaneously gathered outside the Supreme Court in Washington, some in protest, others in celebration.

Roe v. Wade who, in 1973, considered that the American Constitution protected the right of women to have an abortion, was “totally unfounded from the start”, according to this 98-page text which can be the subject of negotiations until June 30.

A “draft”, the decision not yet recorded

“We believe that Roe v. Wade should be overturned,” wrote Samuel Alito in the document, called “Court Opinion” and posted on Politico’s website.

“Abortion is a deep moral issue,” Alito said.

“The Constitution does not prohibit the citizens of each state from regulating or prohibiting abortion,” he said.

“The inescapable conclusion is that the right to abortion is not deeply rooted in the history and traditions of the Nation,” he added.

According to him, it “is not protected by any provision of the Constitution”.

If this conclusion is accepted by the High Court, the United States will return to the situation in force before 1973 when each State was free to prohibit or authorize abortions.

Given the significant geographical and political divisions on the subject, half of the states, especially in the south and the conservative and religious center, should quickly banish the procedure on their soil.

“Let’s be clear: this is a preliminary draft. It is scandalous, unprecedented but not final: abortion remains your right and is still legal”, tweeted the organization Planned Parenthood, which manages many clinics performing abortions. .

Never seen

The Supreme Court has been profoundly overhauled by former Republican President Donald Trump who, in five years, brought in three judges, reinforcing his conservative majority (six judges out of nine).

Since September, this new Court has sent several favorable signals to opponents of abortion.

She initially refused to prevent the entry into force of a Texas law which limits the right to an abortion to the first six weeks of pregnancy against two trimesters under the current legal framework.

During the December review of a Mississippi law, which also questioned the legal deadline for an abortion, a majority of its magistrates made it clear that they were ready to nibble or even simply overturn Roe v. Wade.

The document presented by Politico relates to this file. Its publication constitutes an extremely rare leak for the Supreme Court, where the secrecy of the deliberations has almost never been violated.

“I’m pretty sure there has never been such a leak” in the Supreme Court, commented on Twitter the lawyer Neal Katyal who has repeatedly pleaded for the government of Barack Obama before the high court. For him, “several signs” suggest that the document is authentic.

Asked by AFP, the Supreme Court declined to comment.

Spontaneous demonstrations

Without waiting for the official decision, hundreds of defenders of the right to abortion but also of people contesting this right met spontaneously in the evening in front of the white marble temple which houses the Supreme Court in Washington.

In the crowd which chanted “my body, my choice”, Abby Korb, a 23-year-old student and parliamentary assistant, told AFP that she was “literally in a state of shock”. For her, “making abortions illegal will not end them, it will just make them more dangerous”.

For her part, Claire Rowan, 55, a mother of seven children who came with some of them, does not hide her enthusiasm. She now hopes that people will “ask God for forgiveness”, so that the United States can “heal”.

Equally divided, the political class also reacted strongly to the Politico article.

Several elected Democrats felt that it confirmed “the urgency” of enshrining the right to abortion in law. “We must protect the right to choose and enshrine Roe V. Wade in law,” tweeted Senator Amy Klobuchar.

A proposal to that effect passed the House of Representatives but is bogged down in the Senate due to fierce Republican opposition.

On the contrary, they hailed a long-awaited victory. “This is the best and most important news of our lives,” commented Representative Marjorie Taylor Green, while her colleague Josh Hawley called on the Court to publish its judgment “immediately”.

(with AFP)



Leave a Reply

Your email address will not be published.