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We verify 5 affirmations of the Supreme Court in the ruling that annulled the right to abortion

2022-06-24T21:42:40.897Z

How many states prohibited abortion before it became a constitutional right in 1973? Is it true that its legalization reduced the size of the black population, as indicated by the highest court of justice? We answer these and other questions.



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By Jon Greenberg and Amy Sherman -

Politifact

Ending 50 years of access to abortion protected by the federal government, the Supreme Court of the United States decided this Friday, by a vote of 6 to 3, to reverse the ruling Roe v.

Wade, and gave the power back to the states to make their own abortion laws.

“The Constitution does not make express reference to the right to have an abortion…”, says the ruling of June 24.

“This is how we return the power to weigh those arguments to the people and their elected representatives,” the document indicates.

[Supreme Court strikes down constitutional protection of abortion]

The final ruling of the Court is very similar to the initial draft leaked to the online newspaper Politico in May.

Mississippi law, which is the focus of the ruling, prohibited abortion after 15 weeks except to protect the woman's life, or if there was "a serious risk of substantial and irreversible impairment of a major bodily function."

Justice Samuel Alito issued the majority opinion, joined by conservative justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.

Chief Justice John Roberts agreed with the ruling that the Mississippi law should stand, but in a separate opinion said that by completely overturning Roe v.

Wade, the court had gone above and beyond what was necessary.

The three liberal justices, Stephen Breyer, Sonia Sotomayor and Elena Kagan dissented.

We verified the accuracy of several key statements in the final judgment of the Court.

This is what we found:

A group of women in favor of the right to abortion marched this Friday in Washington, DC, after the Supreme Court annulled the constitutional right to abortion in the United States.Gemunu Amarasinghe / AP

☑️ In Mississippi, "in support of this Act, the legislature made a series of factual findings. It began by noting that, at the time of enactment, only six countries other than the United States 'allowed non-therapeutic or elective abortion upon request after the 20th week of gestation.'"

This is

partially accurate.

In a footnote, Justice Alito listed Canada, China, the Netherlands, North Korea, Singapore, and Vietnam, and then, citing the work of the Center for Reproductive Rights, added Iceland and Guinea-Bissau.

But the center's latest tally contains a dozen countries in that group.

Furthermore, defining what constitutes an elective non-therapeutic abortion is complicated.

Many European nations, for example, have broad exceptions that allow abortions after the 20th week to protect the well-being of the mother.

That group includes Germany, Britain, Norway, Ukraine, Spain and others.

[The ruling does not mean that abortion is illegal throughout the country]

In May, when Sen. Lindsey Graham, R-SC, made a similar claim,

we called it misleading

.

☑️ "At the time of Roe, 30 states still prohibited abortion at all stages... At the time of the Fourteenth Amendment's adoption, more than three-fourths of the states had adopted laws criminalizing abortion (generally in all stages of pregnancy).

This statement lacks significant context

and is refuted by at least one legal opinion.

For Joe Biden, the Supreme Court of Justice is now in the hands of "extremist" magistrates

June 24, 202202:51

Among other changes, the 14th Amendment established that no state "shall deprive any person of life, liberty, or property, without due process of law."

It is a powerful protection and has been linked to abortion rights.

Alito's statement that by the time the 14th Amendment was ratified in 1868, more than three-quarters of the states had criminalized abortion (generally at all stages of pregnancy) is disputed by University of California law professor Davis , Aaron Tang.

In a December 2021 article, Tang wrote that, at the time of the amendment's ratification, "21 of the 37 states continued to recognize the same pre-vivification right to abortion, which was universally adopted at the founding (of the country). )”.

'Quickening ' or

quickening

in English, was the term used to describe the sensation of fetal movement in a woman's womb.

It manifests itself approximately in the 15th or 16th week of pregnancy.

[A judge asks to “reconsider” protections for same-sex weddings and birth control methods]

That said, Tang also wrote that in 1868, 31 of the 37 states had laws that "penalized abortion in one way or another."

Historians consulted by PolitiFact in February said

Alito's figures are mostly correct

, although by the time the 14th Amendment was ratified in 1868, doctors had been pushing for more than a decade to criminalize abortion as part of a campaign to professionalize medicine.

"The targets of the doctors were midwives and others who were not licensed," explained Peter Hoffer, a history professor at the University of Georgia.

“It was necessary to protect women's health, as abortion was not a particularly safe procedure at the time,” he said.

Trump celebrates the repeal of Roe v.

Wade and boasts of having nominated the magistrates who made it "possible"

June 24, 202200:33

Premature abortions were common, University of Illinois historian Leslie Reagan previously explained to PolitiFact.

Abortion bans might have been on the books, but they were largely ignored.

"They were put on trial when women were dying," Reagan said.

"In the rare case of a trial in which no one died, jurors typically struck down the law and refused to convict of the abortion itself."

[DOJ Says Abortion Pills an Option Following Supreme Court Ruling]

There were also times when families sued abortionists for damages and won, Reagan said.

☑️ "It should be noted that the percentage of women who register to vote and cast their vote is consistently higher than the percentage of men who do."

Alito is correct that American women vote at a higher rate than men, and this has been the trend in recent decades.

The judge cites the higher rates of female turnout to argue that women "on both sides of the abortion issue" can influence the state legislative process by voting.

In 2021, the trend in the states was to pass more restrictions on abortion.

The long journey of a right: How did this controversial moment about abortion come about?

June 24, 202201:16

In 2020, the proportion of female voters was 68% and male voters 65%, according to a survey by the Census Bureau.

The researchers cite several reasons, including that women “are more likely to rely on government services and are often more directly affected by highly debated issues such as reproductive rights, childcare/family leave, among others,” Kelly Dittmar, a political scientist at Rutgers University, told PolitiFact in September.

In response to the leaked draft opinion in May, Julie A. Wronski, an associate professor of political science at the University of Mississippi, said the argument, however, lacks context: “The context is that the types of women who vote in (Mississippi) lean Republican.”

And attitudes toward abortion are polarized by party identity."

☑️ The Due Process Clause of the 14th Amendment "has been held to guarantee some rights that are not mentioned in the Constitution, but such rights must be 'deeply rooted in the history and tradition of this nation'".

Alito was quoting a phrase from Washington v.

Glucksberg, a 1997 Supreme Court ruling that found a state is allowed, under the 14th Amendment, to pass a law banning assisted suicide.

[AOC Criticizes Abortion Ruling Because It Will "Kill Our Women" and Questions Supreme Court's Legitimacy]

The ruling for the state of Washington said, in part: “First, the court has regularly observed that the clause especially protects those fundamental rights and freedoms which are, objectively, deeply rooted in the history and tradition of this nation... An Examination of history, legality, traditions and practices demonstrates that Anglo-American common law has punished or disapproved of assisted suicide for more than 700 years”.

But Alito's opinion ignored that the court hasn't always held to that standard since the Glucksberg case, said Evan D. Bernick, a professor at Northern Illinois University School of Law and an expert on the 14th Amendment. In Obergefell v.

Hodges, the same-sex marriage case decided in 2015, the court did not apply the Glucksberg rule.

The decision of the Supreme Court does not mean that abortion is now illegal throughout the country

June 24, 202201:55

In ruling on same-sex marriage, Justice Anthony Kennedy said in the majority opinion that some previous marriage cases, such as Loving v.

Virginia, which ruled that laws prohibiting interracial marriage were unconstitutional, not based on past historical preferences.

“Loving did not ask about the 'right to interracial marriage,'” Kennedy wrote.

"Rather, each case inquired about the right to marry in its comprehensive sense, asking whether there was sufficient justification for excluding the relevant class from the right."

☑️ "It is beyond doubt" that the legalization of abortion reduced the size of the black population.

"A very disproportionate percentage of aborted fetuses are black."

Alito cites data from the Center for Disease Control and Prevention (CDC) for 2019, according to which 38% of women who had abortions were black, 33% white, 21% Hispanic and 7 % other race or ethnicity.

Data is voluntarily reported by medical providers to state or regional health departments.

Information may be incomplete, leading to undercounting of all abortions, notes the Kaiser Family Foundation.

The data excludes 23 areas (states and New York City) that did not provide data, did not report abortions by race/ethnicity, or did not meet reporting standards.

[Rape victim censures that women are "robbed"]

Alito's statement lacks context

about the reasons for the racial differences in abortion rates.

Susan Cohen, former vice president of the Guttmacher Institute, an organization that supports abortion rights, wrote in 2008 that anti-abortion activists use racial data “falsely claiming that the disparity is the result of aggressive marketing by abortion providers in communities.” of minorities”.

"Millions of lives are going to be saved": Mexican celebrates outside the court the sentence that eliminates the right to abortion

June 24, 202202:13

Cohen wrote that the variation in abortion rates among racial and ethnic groups is related "to the variation in unintended pregnancy rates among those same groups."

The National Reproductive Justice Agenda for Black Women, a national group that supports reproductive rights, has said that Black women are more likely to lack access to comprehensive sexuality education and contraception, and “as a consequence, experience higher pregnancy rates.” unwanted than women of any other ethnic or racial group.

Source: telemundo

All news articles on 2022-06-24

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