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Thursday, August 11, 2022

Fact vs. Fiction: What Does the Supreme Court’s Abortion Decision Mean?

The Supreme Court’s decision on Friday to overturn the landmark Roe v. Wade ruling ended nearly 50 years of federal abortion rights in the US and reaffirmed expectations sparked by last month’s draft opinion leak.

The hot topic of abortion has long sparked overheated rhetoric, and passions escalated in the weeks leading up to the Supreme Court’s ruling when a California man was arrested on June 8 while attempting to assassinate Judge Brent Kavanaugh, allegedly because he was angered by a leaking draft. .

Here are answers to questions about the impact of Friday’s decision:

What does the dismissal of Roe v. Wade mean?

The 1973 decision in Roe v. Wade established a constitutional right to abortion under the “due process” clause of the 14th Amendment, which the court had previously said included a right to privacy.

Friday’s decision means the law no longer exists at the national level and brings the issue of abortion laws back to the states.

Which states will ban abortion?

Most states – 26, mostly in the south and central parts of the country – were expected to ban or restrict abortion if Roe v. Wade was dropped.

Among them are 22 countries that previously banned abortion or have moved to introduce new restrictions if possible.


Get the latest updates from The Post following the Supreme Court’s decision to dismiss Roe v. Wade.


These states are: Alabama, Arizona, Arkansas, Georgia, Idaho, Iowa, Kentucky, Louisiana, Michigan, Mississippi, Missouri, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin and Wyoming . .

Four other states — Florida, Indiana, Montana and Nebraska — also needed to take action as soon as possible, according to a study by the nonprofit Guttmacher Institute, which advocates abortion rights.

Rowe Vs. Wade Protest
26 states are expected to ban abortion following a Supreme Court ruling overturning Roe v. Wade.
AFP via Getty Images

What are trigger laws?

So-called trigger laws are legal measures to ban or restrict abortion that will come into effect automatically or with little effort once Roe v. Wade is overturned.

Thirteen states — Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah and Wyoming — passed trigger laws before Friday’s decision, according to the Guttmacher Institute.

Has the Supreme Court ever overturned its decision?

The concept of judicial precedent, in which judges rely on prior judgment in deciding cases, is deeply ingrained in the American justice system.

But a table posted on the Congressional Abstracts of the Constitution website lists 233 rulings dated 1810 in which the Supreme Court reversed its previous decisions.

In a 1991 opinion, then Chief Justice William Rehnquist wrote that following legal precedent—also known by the Latin term “stare decisis”—”is a principle of policy, not a mechanical formula for following the last decision.”

Fact Vs. Fiction: What Does The Supreme Court'S Abortion Decision Mean?
Anti-abortion activists reach out to patients entering the Jackson Women’s Health Organization clinic in Jackson, Mississippi, the only facility that performs abortions in the state.
Associated Press

Judge Samuel Alito, who wrote Friday’s majority decision annulling Roe v. Wade, also said during his 2006 assertion, “Personally, I wouldn’t classify precedents as super precedents or super precedents.”

Did Rowe v. Wade prevent women from dying through abortion?

Shortly after Alito’s draft opinion was published by Politico, the progressive Occupy Democrats published a photograph of a lawn sign that read: “Row was not the beginning of women having abortions – Row was the end of women dying of abortions.”

But the viral image was already debunked by the Politifact website after the Occupy Democrats posted it earlier in October.

Politifact cited studies that showed that the advent of antibiotics and birth control pills made abortion-related deaths of women rare even before Roe v. Wade was decided in 1973, dropping from thousands in the 1930s to just 63. in 1972, when 24 resulted from legal abortions. and 39 for illegal abortions.

Data released by the U.S. Centers for Disease Control and Prevention in 2020 shows that the total number of women who have died from abortions, both legal and illegal, has since ranged from 47 in 1973 to two in 2011 and 2017, the most recent years for which data were collected. were included.

Occupy Democrats added a correction to their May 9 post, noting that “fact checkers at Politifact assessed this as false” and added a link to the October 13 Politifact report.

World Nation News Desk
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