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Raymond J. de Souza: The End of American Exceptionalism on Abortion

The United States was unique in that it had a basic constitution that was interpreted to include the right to abortion

Demonstrators protest abortion outside the U.S. Supreme Court in Washington on June 24, 2022, after the court overturned the 1973 Roe v. Wade decision that made abortion a federally mandated right in the United States.
Demonstration participants overturned the 1973 Roe v. Wade decision that made abortion the federal government, then 6 in 2022. Protesting abortion outside the US Supreme Court in Washington on March 24th. Mandatory in the United States. Photo: Jacquelyn Martin / The Associated Press

DobbsUS Supreme Court rulingRoev. Wade(1973) andPlanned Parenthood v. Casey(1992) brings the United States back to normal in the world in abortion policy. Abortion claims to be involved in America's exceptional and extreme abortion regime around the world. It facilitated their political events and therefore caused the anxiety caused by their abolition.

In 1973, the court decidedRoev. When Wadewas decided, all 50 states had laws regulating abortion. These laws have been relaxed to some extent over the last decade, especially in populated states. (Canada liberalized the abortion law in 1969.) The general public and the legal community's view that the US Constitution guarantees the right to abortion was not widespread.

Roehas revoked various laws in all 50 states, which the dissenting Judge Byron White called an act of "live judiciary."

Almost 20 years later, inCasey, the court upheldRoe's "central holding", but abandoned constitutional logic and regulated it. I abandoned the framework. In Casey, the court most strongly appealed to its own position: "The interpretation of the Constitution calls for the opposing sides of the domestic controversy to end the domestic division by accepting a common mission. I have. "

Roeexercised judiciary,Caseybegged Americans to accept their claim of power, and the courts I tried not to erode the ability to exercise that power. Not surprisingly, the self-serving cycle did not convince everyone to leave quietly. The court debate was furious for another 30 years.

The debate was furious for another 30 years

Dobbs, the US Constitution is neutral with respect to abortion, so the state (or Congress) Make whatever law they want. It is not exactly a professional life position, but a position that no longer imposes a judicial abortion license.

Judge Brett Kavanaugh struggled to write another agreement to confess that the Constitution is neutral, neither pro-life nor pro-choice. In that respect, he accurately reflected the position of Judge Antonin Scalia, a late giant Boogeyman in the American abortion lobby. All that

Dobbsdoes is to make the United States like all other democracies. .. The United States was completely peculiar in that its basic constitution was interpreted as including the right to abortion. Only among completely democracy. The Communist Party of China has a similar abortion system.

In Canada, there is a lot of confusion about our general abortion policy. The 1988Morgentalerdecision broke the existing 1969 regulatory framework as procedurally unfair. Unlike

Roe, it did not establish a constitutional right to abortion. It was up to Congress to draft a new law that balances the rights of the mother and the rights of the fetus. Congress has not succeeded in doing so, so there has been no law on abortion since then.

  1. A protester lights a cigarette on a burning American flag, while marching with abortion-rights activists in Washington, D.C., on June 24.

    Barbara Kay: Abortion in the United States is now in the hands of voters It's up to you,

  2. Abortion rights activists protest in front of the Colorado State Capitol in Denver, Colorado on June 27, 2022, four days after the US Supreme Court struck down the constitutional right to abortion. (Photo by Jason Connolly / AFP)

    Sabrina Madou: Yes, overturning the Roe v. Wade case is Canada

The only Canadian judge to recognize the constitutional rights of abortion itself was Judge Versa Wilson. .. But what she wrote inMorgentaleris about how to read the abortion law.

"In the early stages, women's autonomy was absolute ... the state has no business to ask her reason, but her reason for abortion is the state's strong against fetal protection. When interest justifies it in prescribing conditions, it will be the subject of appropriate investigation in the later stages of her pregnancy .... I leave it to the legislature's informed judgment ... but It seems to me that it may fall somewhere later. "

DobbsThe Mississippi law under consideration puts abortion first. I was limited to 15 weeks in the second semester. For all howls in Canada about Dobbs, it upheld a law that would deserve respect by Wilson himself.

Consider France. In France, some opportunists have proposed adding the right to abortion to the French Constitution. Given that the French Constitution will not last long, they should probably wait for the next Constitution. Nonetheless, what they suggest is thatDobbsshould do — the legislator needs to decide.

And what did the French parliamentarians decide? The 1975 law allowed abortion on request until the 10th week of pregnancy. In 2001, the limit was extended to 12 weeks, but this year due to highly controversial debate, the limit was extended to 14 weeks. After that, various restrictions apply. Mississippi law was 15 weeks and was liberal in some respects than France.

Due to the size and influence of the United States,Roehad a great influence on abortion politics around the world. Given the radicalism of the American abortion regime, any limits can be portrayed as noteworthy. Nonetheless, all democracy except Canada usually has major restrictions on abortion, as Judge Wilson thought it should be done in 1988.

Roe was very influential. In abortion politics

Dobbsended American exceptionalism on abortion. Extreme policies previously enforced by courts will be enacted in California, New York, Colorado, and many other states. California State Legislatures are already preparing to provide abortion tourism and will take pregnant aborted mothers to the west coast for abortion at public expense. Dobbsdoes not get in the way.

Other states are different. Some people choose stricter restrictions. Now that

Roehas been overturned, there are 15 states where abortion bans come into effect. Some have a 6-week limit — "heartbeat" invoices. These 15 states have relatively few abortions. Together, they accounted for 12% of abortions nationwide in 2020.

Others will not be as strict as France. For example, Florida and Arizona have laws that set limits to 15 weeks, such as Mississippi law. It does not affect almost all abortions, 96 percent of which occur 15 weeks ago.

It is quite possible that the majority of the American population will have the same or greater access to abortion afterDobbs, but that is a matter for elected representatives to decide. Become.

Ditchwas the most important. It made America like France, not like China.

National Post

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