US Supreme Court to consider rollback of abortion rights

17 May 2021, 17:24

The US Supreme Court
Supreme Court. Picture: PA

The court is the most conservative it has been for many years following three appointments made by former president Donald Trump.

The US Supreme Court has agreed to consider a major rollback of abortion rights, saying it will decide whether states can ban abortions before a foetus can survive outside the womb.

The court’s order sets up a showdown over abortion, probably in the autumn, with a more conservative court seemingly ready to dramatically alter nearly 50 years of rulings on abortion rights.

The court first announced a woman’s constitutional right to an abortion in the 1973 Roe vs Wade decision and reaffirmed it 19 years later.

The case involves a Mississippi law that would prohibit abortions after the 15th week of pregnancy. The state’s ban had been blocked by lower courts as inconsistent with Supreme Court precedent that protects a woman’s right to obtain an abortion before the foetus can survive outside her womb.

The justices had put off action on the case for several months. Justice Ruth Bader Ginsburg, an abortion-rights proponent, died just before the court’s new term began in October. Her replacement, Justice Amy Coney Barrett, is the most open opponent of abortion rights to join the court in decades.

Ms Barrett is one of three appointees of former president Donald Trump on the Supreme Court. The other two, Justices Neil Gorsuch and Brett Kavanaugh, voted in dissent last year to allow Louisiana to enforce restrictions on doctors that could have closed two of the state’s three abortion clinics.

Chief Justice John Roberts, joined by Ginsburg and the other three liberal justices, said the restrictions were virtually identical to a Texas law the court struck down in 2016.

But that majority no longer exists, even if Roberts, hardly an abortion-rights supporter in his more than 15 years on the court, sides with the more liberal justices.

Donald Trump
The Supreme Court became more conservative thanks to the appointments made by Donald Trump (AP/Gerald Herbert, File)

The Mississippi law was enacted in 2018, but was blocked after a federal court challenge. The state’s only abortion clinic remains open. The owner has said the clinic does abortions up to 16 weeks.

The case is separate from a fight over laws enacted by Mississippi and other states that would ban most abortions as early as six weeks — when a foetal heartbeat may be detected.

A central question in the case is about viability – whether a foetus can survive outside the womb at 15 weeks. The clinic presented evidence that viability is impossible at 15 weeks, and the 5th US Circuit Court of Appeals said that the state “conceded that it had identified no medical evidence that a foetus would be viable at 15 weeks”.

The Mississippi law would allow exceptions to the 15-week ban in cases of medical emergency or severe foetal abnormality. Doctors found in violation of the ban would face mandatory suspension or revocation of their medical licence.

By Press Association

Latest World News

See more Latest World News

Police say that the suspect, 22, had mental health problems

Man charged with murder over Copenhagen shooting

Spanish military jets diverted the Menorca-bound easyJet flight for security checks.

Dramatic moment easyJet flight intercepted by fighter jets over 'hoax bomb threat'

Jake McLean (centre) was reportedly killed in the crash, whilst Yazmin Oukhellou (insert) was injured

Lauren Goodger's ex Jake McLean dies in car crash with TOWIE star Yazmin Oukhellou injured

A piece of glacier broke away on the Marmolada mountain

Six dead after chunk of glacier breaks off and slams into hikers on Italian mountain

Several people have been killed in a shooting in a Copenhagen shopping centre

Chilling video shows suspected Copenhagen gunman brandishing rifle before 3 were killed

Residents in a number of Sydney suburbs were ordered to evacuate

Thousands flee their homes as flooding hits Sydney

A woman died after losing an arm and a leg in a shark attack off the coast of Hurghada, Egypt

Second woman killed by shark off Egypt's red sea coast

Oscar Pistorius has met with the father of Reeva Steenkamp

Oscar Pistorius meets victim Reeva Steenkamp's father in a bid for parole

North Korea has blamed its Covid outbreak on 'alien things' and balloons coming from South Korea.

North Korea blames Covid outbreak on 'alien things' and balloons from South

Exclusive
Boris Johnson said Putin does not have to give up power for there to be peace in Ukraine

Putin's made more than 30 nuke threats during Ukraine invasion, Boris tells LBC

Russian President Vladimir Putin has hit back at western leaders for their lack of "machismo" and said it would be ‘disgusting’ to see Boris Johnson topless.

Putin mocks G7 leaders' lack of 'machismo' and says PM would look 'disgusting' topless

Ukraine has retaken Snake Island after Moscow's troops abandoned the strategic outpost in what Russia's Defence Ministry has described as a 'goodwill gesture'.

'Kaboom!' Ukraine celebrates Putin's humiliation as Russia retreats from Snake Island

President Joe Biden listens as Judge Ketanji Brown Jackson speaks

Ketanji Brown Jackson to be sworn in as US Supreme Court justice

An investigator works outside the Bataclan concert hall (Christophe Ena/PA)

Life without parole for surviving extremist who carried out Paris attacks

A shark is seen swimming across a sand bar (Phil Marcelo/AP)

Great white sharks head to Cape Cod as busy tourist season gets under way

Police outside the Bataclan concert hall in Paris (Catherine Wylie/PA)

Men convicted of involvement in 2015 terror attacks in Paris