United States: Supreme Court reviews Texas anti-abortion law

An activist, who declined to give her name, speaks at the Supreme Court to protest against Texas' new abortion law which bans the procedure approximately six weeks after a pregnancy begins on September 2, 2021 in Washington .

Getty Images via AFP - DREW ANGERER

Text by: RFI Follow

2 min

In the United States, the Supreme Court will again study the issue of abortion on Monday, November 1.

The nine judges must rule on the recent law passed in the state of Texas.

A law which prohibits any abortion beyond six weeks and which provoked strong reactions in the country until the White House.

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The direct intervention of the Biden administration was a game-changer, as it was at the behest of the Biden administration and family planning associations that the Supreme Court is considering this controversial law. " 

It is because the government asked the Supreme Court to look into the merits that this case is being examined a little bit urgently

 ", explains Simon Grivet, lecturer in History and Civilization of the United States at the University of Lille, interviewed by

Stefanie Schuler

of the international service. " 

This time, we - the Federal Government - believe that it violates the sexual rights guaranteed to women.

So he is going to have this very formal hearing before the Supreme Court, that is to say that the Attorney General for the Federal Government and the Attorney General of Texas, will each have thirty minutes of hearing before the nine justices of the Supreme Court and each one makes a small preliminary presentation… After, there is a game of questions and answers, where the magistrates ask a certain number of very specific questions to the two lawyers, in turn.

 "

For several hours this Monday, November 1, the nine judges, including six conservatives, will hear the arguments of each camp.

Dubbed SB8, the law in question

came into effect in Texas on September 1

.

It prohibits any abortion even in cases of incest, as soon as the fetal heartbeat is audible, i.e. around 6 weeks of pregnancy.

But above all, the text gives citizens the right to enforce this law by filing a complaint against any person or organization that would help women to have abortions, recalls our correspondent in New York,

Loubna Anaki

. 

This law, deemed unconstitutional by the White House and family planning associations, threatens the jurisprudence of the Supreme Court which dates from 1973 (see box) and which guarantees the right to abort up to 22 weeks. 

During the session, the positions of several judges will be closely followed, in particular that of

Amy Coney Barrett

. She joined the court last year,

appointed by Donald Trump

. She is particularly known for her anti-abortion positions. “ 

From an ideological point of view, it is clear that this new Supreme Court is the most anti-abortion that we have had since 1973. Afterwards, on the judicial and legal level, will they dare - suddenly, to 'just one - to erase this pillar of jurisprudence which has been in place for fifty years? That is another matter, we will know more when we actually listen to these hearings, since out of the nine magistrates, there are only three really who are in favor of the right to abortion, now

”, concludes Simon Grivet.

What is Roe vs. Wade?

It is one of the most important decisions of the American Supreme Court.

This case law dating from 1973 is that which recognizes the right to abortion at the federal level, in the name of respect for private life.

It takes its name from the case between "Jane Roe", whose real name is Norma McCorvey, against Texas defense lawyer Henry Wade.

Pregnant for the third time at the age of 21, the young Texan wishes to have an abortion but the laws of her state prohibit it.

She therefore seizes the highest court of the country which affirms that the 14th amendment of the Constitution protects the right of women to dispose of their bodies.

Since this decision, many states have sought to circumvent this case law with the help of new legislation.

If they cannot directly prohibit abortion, they can however require the consent of the spouse or parents, for minors.

Or even reduce the time during which the mother can have an abortion, as is the case in Texas today.


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  • Womens rights