What is Mississippi's 'Gestational Age Act,' and why is it likely to overturn almost 50 years of Roe v Wade? We break down the law at the heart of the current Supreme Court Case, and explain why the Court can overturn a decided case in the first place.
Governor Phil Bryant knew what he was doing when he signed The Gestational Age Act into law. “We’ll probably be sued here in about a half hour, and that’ll be fine with me. It is worth fighting over,” he proclaimed, as a flick of his pen set into motion the most significant challenge to abortion rights in 50 years.
Banning abortion after 15 weeks is only the latest in a series of restrictive abortion laws the state has passed. In 2007, Mississippi passed a law stating that if Roe v. Wade were overturned, then all abortions in the state would be banned except in cases of rape or to save the mother’s life.
The reason is that once the Supreme Court upholds any pre-viability ban, it would effectively make Roe null; special exceptions made for certain pre-viability bans would be arbitrary and confusing, and thus the Gestational Act could not stand without setting a completely new precedent. As both Mississippi and the Jackson Women’s Health Organization argued to the court, there could be no in-between ruling. Roe had to either be fully upheld, or fully overruled.
So why will the Gestational Age Act be successful in upending 50 years of established rule? The draft opinion in Dobbs v. Jackson argues that the arguments presented demonstrated that Roe and Casey were too poorly decided to be totally protected from an overrule, even if they were watershed cases. “Stare decisis, the doctrine on which Casey’s controlling opinion was based, does not compel unending adherence to Roe’s abuse of judicial authority,” reads the scathing draft by Justice Alito.
پاکستان تازہ ترین خبریں, پاکستان عنوانات
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