Judges' Past Abortion Views, Their Own Words and Votes

Washington (AP) — More than a month ago, Samuel Alito A surprising leak in the judge's draft opinion takes a significant step in the Supreme Court's overturning the groundbreaking decision in the Roe v. Wade case from 1973 and stripping women's constitutional protection for abortion. Showed that you are ready.

And that's what a conservative majority of courts finally did on Friday in a ruling that could lead to an abortion ban in about half of the state.

When the court heard the abortion case discussion from Mississippi in December, there was substantial support among the conservatives to overthrow Law, establishing and reaffirming women's rights. It was clear to the observer that there was a second decision made. abortion.

But even before these discussions and Friday's decision, judges, in opinions, votes, Senate confirmation testimony, etc., did much in public about abortion over the years. I had to say.

Voted 6-3, upholding Mississippi law banning most abortions after 15 weeks, but Judge John Roberts joined a conservative colleague to overthrow Law. did not. He wrote that it is not necessary to overturn a wide range of precedents in order to dominate in the favor of Mississippi.

In Friday's final opinion, Arito reaffirmed the right to abortion in the 1992 decision Roe and Planned Parenthood v. Casey wrote that it was wrong and should be overturned. Judges Stephen Breyer, Sonia Sotomayor, and Elena Kagan (declining liberal courts) disputed.

Roberts

Roberts voted to support the restrictions of two major abortion cases. In 2007, the majority upheld a ban on a method of abortion that opponents called "partial abortion," and in 2016, a court lifted Texas restrictions on abortion clinics in a case called Whole Woman's Health. .. However, when virtually the same Louisiana law was submitted to court in 2020, Roberts voted against it, controlling the outcome of the proceedings and writing an opinion invalidating the Louisiana law. .. The presiding judge continues to believe that the 2016 case was "wrongly decided," but said the question was "whether to comply with it when deciding on the current case."

At a confirmation hearing in 2005, he said overturning the precedent was "a shock to the legal system." It depends in part on stability and fairness. He said it was not enough to think that the previous case was wrongly decided. To overturn the case, it is necessary to consider these other factors, such as whether a particular case is feasible, whether the case has been eroded by subsequent developments, the legitimacy of the court, and the expectations settled. There is, "says Roberts.

At the same inquiry, Roberts is George H. W. He was asked to explain his existence in a statutory document submitted by. Law's conclusion that he has the right to abortion is "there is no support for the text, structure and history of the Constitution," the Bush administration said. Roberts replied that the overview reflects the views of the administration.

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Justice Clarence Thomas

Thomas was his first term in court in 1992, when he was an opponent. , Voted to overthrow Rho. In Casey. Since then, he has repeatedly called for overturning those decisions.

In 2000, he disputed when a court withdrew the ban on "abortion" in Nebraska. Looking back at the court's ruling at Roe, he wrote: The decision was terribly wrong, as some of my colleagues in past and present courts have shown well. Abortion is a peculiar act, and the movement to control a woman's body ends depending on her perspective, human life, or potential human life. Nothing in our federal constitution deprives the people of this country of the right to determine whether the consequences of an abortion on the fetus and society outweigh the burden of unwanted pregnancy on the mother. The state may allow abortion, but there is no constitution that requires the state to allow abortion.

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BREYER

Breyer was the leader of two court majority advocates for the right to abortion in 2000 and 2016. It was the author. He has never voted to maintain abortion limits, but he admits the dispute over abortion.

Millions of Americans believe that "abortion is like killing an innocent child," while millions of others "have a law banning abortion. I am afraid to blame many American women for a life without dignity. " He wrote in a Nebraska proceeding 21 years ago calling these views "virtually unreconcilable." Still, Breyer said, "This court is based on the Constitution in the course of generations, because the Constitution must guarantee" basic individual freedom "and govern even if there is a strong division within the country. We decided to provide protection and re-decided. " To the right of women to choose.

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ALITO

Alito, as a lawyer and formerly a government, voted and wrote against the right to abortion. Has a long track record. He is a lawyer.

Alito has resolved to support all abortion laws considered by the court since its confirmation in 2006, and has joined the majority to support the federal "partial birth" abortion law. And opposed the 2016 and 2020 lawsuits.

As a judge in the Federal Court of Appeals, he decided to uphold a series of Pennsylvania abortion restrictions, including requiring women to notify their spouses before obtaining an abortion. I voted. The Supreme Court eventually invalidated Casey's notification rule and reaffirmed the right to abortion in 1992 with a 5-4 vote.

Arito, who worked for the Reagan administration in 1985, wrote in a memo that the government should publicly say "I do not agree with the Roe v. Wade case" in the pending abortion case. Around the same time, Arito, who applied for promotion, said he was "especially proud" of his work, claiming that "the Constitution does not protect the right to abortion."

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SOTOMAYOR

Sotomayor joined the court in 2009 with few records of abortion issues, but he was aborted. I have voted for the right. Since then. Sotomayor accused his colleague of "buying their heads in the sand" when a court allowed Texas to enforce a restricted abortion law last September. She accounted for the majority of cases in Texas and Louisiana abortion clinics.

Her dissatisfaction with Sotomayor's recent Texas ruling was evident in her virtual appearance. "Texas law cannot be changed, but it can," she said.

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KAGAN

Kagan has also voted in favor of the right to abortion as a judge for over 11 years. She is also the most consistent voice in court advocating the importance of keeping case law and can be expected to try to convince her colleagues not to give up constitutional protection for her abortion. increase.

Kagan was the majority when the court withdrew the Texas and Louisiana restrictions on abortion clinics. More recently, Cagan called Texas's new abortion law "clearly unconstitutional" and "clear, practically indisputable, conflict between Law and Casey."

Cagan had already tackled the issue of abortion before she became justice. While working at the Clinton White House, she was a co-author of a memo that urged the president to uphold the Republican Party's proposed abortion ban in Congress for political reasons, as long as there are exceptions to women's health. did. Finally, George W. President Bush has signed a similar long-term abortion ban, with no health exceptions. The Supreme Court upheld it.

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JUSTICE NEIL GORSUCH

Gorsuch probably has the shortest record of abortion among the nine judges. He was the majority and allowed the enforcement of Texas's Restricted Abortion Act. If he disputed in 2020, he would have upheld the restrictions of the Louisiana abortion clinic. As a judge in the Court of Appeals prior to entering the Supreme Court in 2017, Gorsuch reconsidered the ruling that prevented then-Governor of Utah, Gary Herbert, from suspending funding to state branches of planned parent-child relationships. I objected when his colleague refused to do so. However, Gorsuch argued in a Senate confirmation hearing that he was concerned about procedural issues rather than the subject matter. "I don't care if it's an abortion, a widget, or any other incident," he said.

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JUSTICE BRETT KAVANAUGH

Immediately after Kavanaugh's support for the administration, President Donald Trump's list of candidates for the Supreme Court The name of Kavanaugh was added to. 2017 incidents including abortion. Trump elected him to court the following year. As a judge, Kavanaugh opposed the Louisiana decision and voted to allow the enforcement of new Texas law, but he took a more absolutist position than some of his conservative colleagues. not.For example, in the case of Louisiana, Kavanaugh wrote that he needed more information about how restrictions on state clinics affect doctors who provide abortion, and he said he knew that information. Seems to suggest that voting may change.

Kavanaugh's most extensive work on abortion was published when he was a judge in the Federal Court of Appeals in Washington. The Trump administration has appealed a lower court ruling ordering a pregnant 17-year-old migrant in custody to have an abortion. The administration's policy was to refuse to help these minors have an abortion during detention.

Kavanaugh joined a committee of three judges who postponed abortion and was limited to transfer minors from government custody to sponsor care. He insisted that a time frame should be given to the authorities. After that, she was able to have an abortion without government support. The full appeal court later overturned the decision and the teenager obtained an abortion. Kavanaugh called the decision out of step with "the Supreme Court's majority opinion, which has repeatedly supported rational regulations that do not overburden the right to abortion granted by the Supreme Court in the Roe v. Wade case." I was afraid.

Kavanaugh was criticized by some conservatives for not going to his colleague Judge Karen Henderson, who clearly stated that U.S. immigrants had no right to abortion. .. Kavanaugh avoided asking questions about his own personal beliefs about Law at the Court of Appeals' confirmation hearing.

Kavanaugh resolved in September last year to allow the enforcement of Texas law, but in a November oral argument, its novel structure and its novel structure and its abortion and Imitation law on other rights protected by the Constitution.

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Justice Amy Coney Barrett

One general vote of Barrett at the Supreme Court on abortion permits enforcement of the Texas "Fetal Heartbeat" Act. It was that. She also cast two votes as a judge in the Court of Appeals to reconsider the ruling that blocked Indiana's abortion restrictions.

In 2016, shortly before Trump's inauguration election, she commented on how the abortion law would change if Trump had the opportunity to appoint a judge. "I don't think it's a core case-Roe's core thinks women have the right to abortion-I don't think it will change," said Barrett, then professor of law at Notre Dame. She said restrictions on what she called "very late abortion" and restrictions on abortion clinics are likely to be upheld.

Barrett also has a long record of personal opposition to the right to abortion, with a 1998 legal review article stating that abortion is "always immoral." Co-authoring. At a hearing as a judge in the Court of Appeals in 2017, Barrett said in a written testimony, "If I confirm, my view of this question or any other question is my duty as a judge. It does not affect performance. "

Barrett allowed Texas law to come into force, but she joined Kavanaugh during oral arguments, raising skeptical questions about its structure and forcing providers to fight one proceeding at a time. I asked about the regulations. Do not allow their constitutional rights to be "fully aired".