The future of abortion rights in the United States is being played out this Wednesday before a Supreme Court profoundly overhauled by Donald Trump.
The nine Wise Men, including six conservatives, will look at a law adopted in 2018 by this southern state from 10 a.m. (local time), which prohibits abortions after fifteen weeks of pregnancy.
She is expected to make her decision next spring.
The law, measured against other legislation adopted in recent years, nonetheless violates the legal framework set by the Supreme Court.
By agreeing to examine it, the High Court therefore sent the signal that it was ready to review its copy.
This goes back to 1973: in its emblematic Roe v.
Wade, the Court held that the Constitution guaranteed a right of women to have an abortion and that states could not deprive them of it.
In 1992, she clarified that it was valid as long as the fetus was not "viable", ie around 22 to 24 weeks of pregnancy.
Favor "legal reasoning over political intuition"
Acknowledging this jurisprudence, federal courts blocked Mississippi law before it came into effect. The leaders of this rural and religious state then turned to the Supreme Court. When it accepted their appeal, when there was no obligation to do so, the Court explained that it was ready to question the limit of “viability”. But Mississippi is now asking him to go further and simply cancel his 1973 shutdown.
"We recognize the impact of our request,"
State Attorney General Lynn Fitch
said in an editorial to the
Washington Post
. But, forty-nine years ago, the Court favored political intuition over sound legal reasoning to reach a constitutionally unfounded conclusion and it is time to correct that error. "
All levels of the Republican Party supported him, along with the Catholic Church and numerous anti-abortion groups, some of which spent millions of dollars on advertising campaigns ahead of the hearing.
“We are about to enter a new era, where the Supreme Court will return the Roe v.
Wade in the dungeons of history, which he should never have left, ”said former vice-president Mike Pence, a Christian ultraconservative, on the eve of the hearing.
Texas bans abortion from six weeks pregnant
Opponents of abortion are galvanized by the arrival at the Supreme Court of three judges appointed by former President Donald Trump who have strengthened his conservative majority.
Their influence was already felt on September 1, when the temple of American law refused, for procedural reasons, to block the entry into force of a law in Texas which prohibits abortion as early as six weeks of pregnancy. .
He has since reopened the case and expressed his skepticism about the architecture of the text, but his final decision is long overdue and many Texans remain forced to leave their state to have an abortion.
Our dossier on abortion
On the other hand, defenders of the right of women to have abortions, "worried as ever", are closing ranks.
Medical, feminist or civil rights associations have written to the Court asking it to invalidate the Mississippi law, as have hundreds of elected Democrats or 500 high-level athletes, including footballer Megan Rapinoe.
According to the powerful family planning organization, Planned Parenthood, 28 states are set to "ban abortions at any stage of pregnancy" and 36 million women of childbearing age are denied access to terminations of pregnancy. .
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United States: Supreme Court to consider abortion and may validate restrictions
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