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“The Constitution is neither pro-life nor pro-choice on the question of abortion,” he said.
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The high court had never agreed to hear a case over an abortion ban this early in pregnancy until all three appointees of former President Donald Trump, Justices Brett Kavanaugh, Neil Gorsuch and Amy Coney Barrett, were on the bench.ĭuring the arguments, Kavanaugh suggested the ultimate decision on abortion should not fall to the court. “Will this institution survive the stench that this creates in the public perception that the Constitution and its reading are just political acts?” Sotomayor asked. Several of the justices also pointed to the political nature of the case, with Justice Sonia Sotomayor noting how supporters of the Mississippi ban said the court’s new 6-3 conservative majority gave them the confidence to move forward. “Why is 15 weeks not enough time?” Chief Justice John Roberts asked. “We know babies can feel pain at at least 15 weeks,” Marshall said.ĭuring the oral arguments, the justices questioned the viability line as well. Roger Marshall, R-KS, said states should be able to set their own regulations.
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Himes argues the choice should fall to each individual woman, but Sen. Jim Himes, D-CT, in reference to Mississippi’s 15-week ban. With Congress just across the street, many lawmakers joined the crowd to not only debate whether the Constitution guarantees the right to an abortion, but also what the viability line should be. “Abortion has been around as long as pregnancies have been around,” Rosales said. “Life begins at conception,” Tuttlebee said. Casey, states can regulate but not ban abortion prior to a fetus’ viability, which is around 24 weeks. Tuttlebee traveled from Jackson, MS, the home of the state’s lone abortion clinic, in support of her state’s 15-week ban. “But if you recognize that that is a child, there’s no circumstance that can justify killing and ending the life of that child.” “I realize that it’s not always an easy decision, and it’s not always easy to have a child,” said Delia Tuttlebee. Rosales struggled to find an abortion clinic in California that accepted her student health insurance at the time before ending her pregnancy around 16 weeks. “It was the fact that I was not able to access my legal right to abortion that was awful, that was scary, that was isolating.” “That part was not hard for me,” she said. Rosales traveled to Washington to fight for other women’s rights to make the same decision she did: to end her pregnancy. “If you think abortion is murder, don’t get one,” Jessy Rosales said. Wade has got to go!” ringing out all morning. Hundreds from both sides filled the sidewalk and street in front of the high court, with dueling chants like, “Abortion bans have got to go!” and “Roe v. Supporters of the measure are asking the justices to end the constitutional right to abortion, and opponents worry this could be the case and the court to do it. It centers on a Mississippi law that bans the procedure after 15 weeks of pregnancy. Supreme Court heard oral arguments Wednesday in the most consequential abortion case in a generation.