By extension laws in 13 states is ready to enter into force If the Supreme Court defeats Roy v. Wade, a new era of limited access to birth control could break out in states that narrowly define when life begins, legal experts say.
“This is the new Jane Crow we are about to enter,” said Michelle Goodwin, a professor of law at the University of California, Irvine. The author of the book “Invisible women – the criminalization of motherhood”. »
“It is no longer hypothetical. The reality is already here, “said Goodwin, pointing to states that are considering legislation to limit the use of contraceptives by residents, such as Louisiana and Idaho.
Some conservative lawmakers have wasted no time in announcing that they are trying to limit or ban some types of emergency contraception, such as Plan B and other morning-after pills that can be used up to 72 hours after intercourse to prevent pregnancy.
Legislator of the leading Republican state of Idaho was offered last week that she will be open to a hearing on the emergency birth control ban, Senator Marsha Blackburn, R-Tenn., recently condemned Griswald v. Connecticut, 1965, which extended access to contraception for unmarried people.
In Louisiana, legislation He would classify abortion as murder; he would define “person” as from the moment of conception. Contraceptive methods, such as Plan B որոշ some types of IUDs or IUDs, may be restricted under the bill, says Katherine Cohen, UCLA Law Center’s Law Policy Officer.
“Anything that will prevent a fertilized egg from becoming a pregnancy and giving birth to a baby can be considered murder,” she said. “If you are defining a pregnancy, you are defining that a man is involved in this very fertilized egg, then you are technically defining legislation that an IUD can cause an abortion.”
Judge Samuel Alito draft opinion The tsunami of questions about whether her language could be used more than just abortion left a kind of legal vacuum.
In his 98-page argument, Alito wrote that Ron v. Wade should be ignored, as the Constitution “makes no reference to abortion; the provision of a proper procedure for change. “
Alito went on to distinguish between abortion and other rights guaranteed by the 14th Amendment, writing that the procedure was “fundamentally different because it destroys what the law now describes” as “unborn.”
How states define the “unborn” person will determine whether they will restrict the availability of contraceptives, especially birth control, which prevents fertilized egg implantation, says Jessica Arons, senior policy adviser at the American Civil Liberties Union.
“In the absence of a federal law that dictates this or that outcome, it will be state by state, but fundamental rights do not work that way,” he said. “People are going to feel a real disconnect between what they understood as bodily autonomy.”
For Conservatives who want to restrict more than just abortion, Alito’s opinion will create a bill for the Supreme Court that would empower states to regulate a number of individual rights that are backed by interpretations of the past. 14th changeincluding access to contraception.
“If this opinion really becomes law, you can see that many abortion rights are in jeopardy,” said Maxwell Mack, an associate professor of political science at John Jay College of Criminal Justice in New York. “The way the draft opinion is written, it opens the door to many unanswered questions that will allow conservatives to really target contraception.”
“Eliminating Alito’s abortion as something that is guaranteed by the 14th amendment makes everything else less secure,” he added. “Everything returns to him. “What is clearly written in the Constitution, what is fundamental freedom for the concept?”
While the Constitution does not mention abortion, it does not mention the right to privacy. The Supreme Court has codified the concept over the years through various rulings, including Ron v. Wade. The idea was applied to circumstances that are less socially divisive, including Fourth Amendment, which prevents police from searching people’s property for no apparent reason.
“But abortion continues to have a profound cultural and legal impact, leading to what experts call it.”abortion exclusivityThe idea is that abortion is more strictly regulated than other medical procedures, as it carries with it a moral issue that forces courts to discuss more vigorously something that would otherwise be left to medical professionals.
“You do not see other forms of health care where people who do not have a medical examination set specific rules for how you should provide health care,” said Cohen of UCLA.
“We treat abortion differently.”
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