The United States short Supreme is scheduled to hear arguments in this term on a Mississippi abortion law, in a case that could have major implications for abortion rights nationwide-and can see laws dating back to the 19th century to take effect again.
Sa Dobbs v. Jackson Women’s Health Organization the 6-3 conservative majority of the court will be asked directly to overturn the landmark decision in 1973’s Roe V. Wade and the subsequent decision on Placed Parenthood v. Casey.
The Mississippi case deals with a 15-week abortion ban but gained more importance following the Supreme Court’s decision by a 5-4 vote not to grant stay in Texas’s controversial six -week ban in almost all abortions.
The central question for abortion rights advocates is whether the conservative majority can decide to reverse Roe at open the door to strict abortion laws at the state level.
Sa Roe, the court found a constitutional right to abortion before the fetus lived outside the womb. This decision made the laws of the states prohibiting abortion unconstitutional and unenforceable.
However, eight states still have laws on the books that prohibit and criminalize abortion in many ways, including allowing prison penalties for those who assisted in the abortion. Two of those laws were originally set before the American Civil War of 1861 to 1865.
A law in Alabama was originally passed in 1852 and last amended in 1975 providing for a fine of between $ 100 and $ 1000 and also a possible year in county prison or a hard labor for a person “intentionally given to anyone who is pregnant with any drug or substance or use or use or Uses any instrument or other means to induce an abortion, miscarriage or premature delivery or aids, escorts or prescribed for the same, unless both are required to maintain his life or health and have done for that purpose. “
Another unenforceable law in West Virginia was originally enacted in 1848 and current until 1882. That law states:, with intent to destroy her unborn child, or to produce an abortion or abortion, and so as to exterminate such child, or to commit such abortion or abortion, shall be guilty of a crime, and, when convicted, shall be imprisoned in a dungeon not less. more than three or more than ten years. “
NARAL Pro-Choice America, an abortion rights group, monitors abortion law and their website lists both current laws aimed at restricting abortion and those that have not been abolished since 1973.
NARAL Acting President Adrienne Kimmell said Newsweek in a statement: “When Roe v. Wade was decided nearly five decades ago, states with abortion bans prior to the landmark decision were blocked from enforcing those laws. “
“Now, with a direct threat to Roe before the anti-choice supermajority in the Supreme Court, the state was required to remove outdated, dystopian laws that threaten the future of legal abortion, ”Kimmel said.
“It is also critical Senate pass the Women’s Health Protection Act to protect the legal right to abortion at a time when the independence of reproductive liberty is under unprecedented attack. This important law is the best way to stop states from enforcing or enforcing abortion prohibitions. “
Mary Ziegler is a professor at Florida State University and the author of Abortion and the Law in America: Roe v. Wade to the Present. He said Newsweek stating that not repealing their laws prior to abortion in 1973 was meant to do so.
“For the most part, states have maintained their pre-Roe the laws did it on purpose – they intend to criminalize all or most abortions again if Roe was reversed, ”Ziegler said.
“Other states with criminal laws have deliberately removed them from the books because a change in the jurisprudence of the Supreme Court could mean an effective ban on abortion. There may be some debate about this among more heterogeneous states like Michigan and Wisconsin, but we have reason to believe that these states intend to ban abortion when they have the opportunity. ”
The Texas lawyers behind SB8 also took it one step further when arguing about the state’s initial status.Roe ban, “Ziegler said.” Johnathan Mitchell argued that if Roe was overrosed, doctors could be punished back to the behavior that Roe protected at the time it was performed. All of this indicates a desire to use laws prior to Roe, and to aggressively do so. “
Mitchell is the conservative lawyer and former Texas attorney general who “became instrumental” in making the state’s abortion ban, according to Texas Right to Life.
The Supreme Court is not due to hear oral arguments on Mississippi’s abortion law until Dec. 1 and a decision will come next year.