Tag: US Supreme Court

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US apex court allows emergency abortions in Idaho

Protesters gather outside the U.S. Supreme Court in Washington, D.C., the United States, on June 24, 2022. The U.S. Supreme Court on Friday overturned Roe v. Wade, a landmark decision that established a constitutional right to abortion in the nation nearly 50 years ago. (Photo by Aaron Schwartz/Xinhua/IANS)

The decision comes amid a charged political atmosphere leading up to the 2024 US elections, where abortion rights have emerged as a pivotal issue for Democrats….reports Asian Lite News

In a surprising departure from its usual protocol, the US Supreme Court formally dismissed an appeal concerning Idaho’s stringent abortion ban on Thursday, CNN reported.

This dismissal effectively blocks the enforcement of the state law, which previously permitted abortions only in cases where the life of the pregnant woman was at stake. The court’s action came swiftly after the opinion was mistakenly published on its website, highlighting the gravity and urgency of the issue at hand.

The decision comes amid a charged political atmosphere leading up to the 2024 US elections, where abortion rights have emerged as a pivotal issue for Democrats.

The Biden-Harris campaign has strategically aligned itself with advocates of reproductive rights, leveraging public sentiment and legal challenges to state-level abortion restrictions implemented after the landmark 2022 Dobbs decision that overturned Roe v Wade, as reported by CNN.

“We have consistently seen high turnout and victories for Democrats in elections following the Dobbs decision,” noted a campaign spokesperson. The strategy has focused on personal testimonies from women directly affected by restrictive abortion laws, underscoring the campaign’s commitment to safeguarding women’s health and autonomy.

President Biden’s administration has positioned itself at the forefront of defending abortion rights, particularly through federal law such as the Emergency Medical Treatment and Active Labor Act (EMTALA). This law, which mandates emergency care including abortion services, is seen by the administration as a critical safeguard against state-level bans that threaten women’s access to reproductive healthcare.

“EMTALA remains a vital tool to ensure that women in states with restrictive laws can still access necessary medical care,” emphasised a senior administration official. The White House has coordinated efforts across federal agencies, including the Department of Health and Human Services (HHS), to support legal challenges and investigate complaints related to EMTALA violations.

Jennifer Klein, director of the White House Gender Policy Council, has spearheaded these efforts, working closely with the Justice Department to uphold federal protections for abortion rights. Ahead of the Supreme Court’s recent decision, HHS launched initiatives to streamline patient complaints and scrutinise hospitals accused of violating EMTALA provisions.

The timing of the Supreme Court’s action coincides with heightened political tensions, evident in the forthcoming presidential debate where abortion policy is expected to feature prominently. Democratic strategists anticipate leveraging the stark contrast between President Biden’s pro-choice stance and former President Trump’s record of appointing conservative justices who favor restrictive abortion measures.

“Trump’s influence over the Supreme Court has reshaped reproductive rights in America,” warned Biden’s campaign manager. The administration has capitalised on public concern over potential judicial appointments in a bid to galvanise support among voters wary of further restrictions on abortion rights, according to CNN.

Recent judicial decisions, including the court’s rejection of challenges to medications like mifepristone used in abortion procedures, have underscored the ongoing vulnerability of reproductive rights under conservative-leaning courts. Democrats have seized upon these rulings to mobilise their base against what they describe as “MAGA attacks” on healthcare freedoms.

Throughout his presidency, Trump has proudly touted his role in appointing justices who contributed to overturning Roe v Wade, framing it as a victory for his conservative agenda. In response, President Biden has cautioned voters about the implications of additional conservative appointments to the Supreme Court, warning of potential setbacks to women’s rights and healthcare access.

“The appointment of Supreme Court justices is a critical issue in this election,” Biden emphasised during a recent fundraising event, highlighting the stakes for reproductive rights in the upcoming election cycle. With the possibility of future judicial nominations hanging in the balance, both parties are gearing up for a contentious battle over the future direction of the nation’s highest court, CNN reported. (ANI)

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US Supreme Court ends constitutional right to abortion

People participate in a protest against abortion ban at Daley Plaza in downtown Chicago, the United States, on May 23, 2019. (Xinhua/Wang Ping/IANS)

The 5-4 order of the overwhelmingly conservative nine-justice bench is expected to change American social life as it exists now, reports Yashwant Raj

The US Supreme Court on Friday overturned the fundamental right to abortion granted by an earlier order in the Roe v. Wade case nearly 50 years ago. The 5-4 order of the overwhelmingly conservative nine-justice bench is expected to change American social life as it exists now.

The court has left abortion rights to be determined individually by the 50 states. Sixteen states and the District of Columbia have state laws protecting abortion and will remain unaffected by the Supreme Court order.

About 17 states do not have any explicit laws either upholding abortion rights or prohibiting abortion, according to one study and nearly half of all 50 states are expected to make abortion difficult or impossible. Women from states with a ban or restrictions will be free, however, to travel to other states for the procedure.

“Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey (a 1992 case in which the 1973 Roe v. Wade ruling was upheld) have enflamed debate and deepened division,” Justice Samuel A. Alito wrote for the majority opinion. “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”

The order as delivered was very similar to a leaked copy of Justice Alito’s opinion in May and was widely anticipated of the overwhelmingly conservative non-justice bench with the addition of three conservative justices — Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. Justices Alito and Clarence Thomas and Chief Justice John Roberts are the other three conservatives. The three liberal justices are Stephen Breyer, Sonia Sotomayor and Elena Kagan.

“This fall, Roe is on the ballot,” President Joe Biden said in remarks from the White House, declaring the restoration of abortion rights as an election issue for Democrats, starting with the mid-term elections in November.

U.S. Supreme Court Building in Washington, D.C. (Xinhua/Liu Jie/IANS)

Codifying the abortion rights through a legislation by congress, he added, is the only option now and that is only possible with more Democrats in both chambers. For the moment, he vowed that women travelling from states that don’t allow abortion to states that do will get the full protection of his administration.

Nancy Pelosi, the Democratic Speaker of the House of Representatives, slammed the court order. “Today, the Republican-controlled Supreme Court has achieved the GOP’s dark and extreme goal of ripping away women’s right to make their own reproductive health decisions. Because of Donald Trump, Mitch McConnell (top Republican senator), the Republican Party and their supermajority on the Supreme Court, American women today have less freedom than their mothers,” she said, adding: “This cruel ruling is outrageous and heart-wrenching. But make no mistake: the rights of women and all Americans are on the ballot this November.”

The court issued the order in connection with a Mississippi law that prohibits abortion after 15 weeks of conception. The law had not been implemented because it was ruled violative of the Supreme Court’s order in the Roe v. Wade in 1973, that made abortion a constitutional right. Chief Justice joined his other conservative colleagues to uphold the Mississippi law — Dobbs v. Jackson Women’s Health — 6-3; but he joined the liberal to oppose his conservative colleagues’ decision to overturn the Roe v. Wade order in a 5-4 order.

Abortion has been a politically emotive issues, specially with Republican who have had it as a key election plank for decades. The American public, however, stands largely supportive of abortion rights — 61 per cent favour abortion in all or most cases while 37 per cent want it be made illegal in all or most cases, according to Pew Research Center.

During rally for pro-abortion rights in LA.(photo: https://twitter.com/wmnsmarchla)

About three-quarters of White evangelical Protestants (74 per cent) think abortion should be illegal in all or most cases, the center found, while 84 per cent of religiously unaffiliated Americans say abortion should be legal in all or most cases, as do 66 per cent of Black Protestants, 60 per cent of White Protestants who are not evangelical, and 56 per cent of Catholics.

Abortion rights supporters are girding up for a long battle to restore these constitutional rights. But with the judicial route now blocked for a time with the brutal conservative majority on the Supreme Court bench, they are looking at legislating a law to codify it.

Senate Majority leader Chuck Schumer has scheduled a vote on a prospective law but he does not have the support of 60 members — essentially, 10 Republicans — and is unlikely to get anywhere.

Democrats, who overwhelmingly favor abortion rights, cannot enact a protective law unless they expanded control of both chambers, which they don’t have now. But restoration of these rights could become a key election plank and a rallying point for liberals, starting with the mid-term polls due in November.