What is the potential impact of the abortion case before the Supreme Court?


Supreme Court of the United States

What is the potential impact of the abortion case before the Supreme Court?

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The United States Supreme Court ruling on Monday review the Mississippi ban about most abortions after 15 weeks of pregnancy raised hopes and fears Roe vs. Wade will be overthrown and its standard of viability eliminated.

David S. Cohen, professor at Drexel University Thomas R. Kline School of Law, offers what he considers the most likely explanation for the Supreme Court’s decision to grant cert en Dobbs v. Jackson Women’s Health Organization.

“The judges know they have an anti-abortion majority, and they’re going to use it immediately,” Cohen said. Law360. “They won’t take any risks. “

Roe deer allows states to ban post-viability abortions, when the fetus can live outside the womb, according to the Washington post. Many experts put the viability point at around 24 weeks. Abortions prior to viability can be regulated, as long as the restrictions do not place an undue burden on the right to abortion.

Mississippi had urged the Supreme Court to eliminate the viability standard to assess abortion restrictions.

Mississippi has said its ban on pre-viability abortions is justified because a 15-week-old fetus could experience pain, a claim that is debated, according to the Washington Post. Many other states have also cited possible pain as the justification for banning abortions after 20 weeks of pregnancy.

Mississippi law makes exceptions to its ban on abortion for medical emergencies or serious fetal abnormalities.

The immediate impact of a decision for Mississippi and its standard of fetal pain could be limited as more than 90% of the abortion stake takes place in the first 13 weeks of pregnancy, the Related press reports, citing information from the U.S. Centers for Disease Control and Prevention.

Other states have gone further by advocating a ban on abortions after a fetal heartbeat is detected, which can take up to six weeks, according to AP.

Yes Roe deer canceled, access to abortion could end in many southern and midwestern states, according to published analysis by the New York Times.

“Yes Roe deer were canceled, ”according to the New York Times,“ abortion could quickly become illegal in 22 states. Forty-one percent of women of childbearing age would see the nearest abortion clinic close, and the average distance they would have to travel to reach one would be 279 miles, up from 35 miles now. “

Ten states have passed so-called induction laws that automatically ban all abortions if Roe deer is knocked down. Twelve other states are considered likely to ban abortions as well. According to Guttmacher Institute, the 10 states with trigger laws are Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, South Dakota, Tennessee, and Utah.

Several other states protect the right to abortion, according to Forbes.

States with laws protecting abortion rights are California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Nevada, New York, Oregon, Rhode Island, Vermont and Washington. State Supreme Courts have recognized the constitutionally protected right to abortion in the state of Alaska, Florida, Iowa, Kansas, Massachusetts, Minnesota, Montana and New Jersey .

Dobbs v. Jackson Women’s Health Organization will likely be debated in the fall, and the Supreme Court is expected to deliver its ruling in the spring of 2022.

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