In a historical decision, the Supreme Court of the United States has broken the precedent and has declared that the law that entered into force yesterday in the State of Texas - the second most populous in the country, with 29 million inhabitants - in virtue From which abortion is prohibited in practice, and opens the door to similar measures in other territories of the country.
To date, abortion was legalized in the United States due to another sentence of Supreme, in January 1973. The vote of the court was five votes in favor of allowing the law to remain (all of them by Judges nominated by Donald Trump and George W. Bush) and four against (Judges nominated by Barack Obama, George W. Bush, and Bill Clinton). For President Joe Biden, the failure of the Supreme Court "is an unprecedented assault on the constitutional rights" of women.
It is, by far, the greatest success of the movement caused by the United States, and an absolute rupture with the precedent of the Supreme who, in addition, supports the Republican Strategy, launched during the presidency of Ronald Reagan, to give priority to the appointment of like-related judges a The ideology of that political party.
Actually, Texas does not prohibit abortion. But it makes it so difficult that 85% of pregnancy interruptions become potentially illegal. The keys is a law that prohibits this practice from the moment in which the embryo begins "to show cardiac activity" that "can be detected by the usual medical procedures", which is usually produced in the sixth week of gestation. In practice, that deadline is to prohibit the vast majority of abortions, since normally pregnant does not know that it is until a later date. The law does not accept exceptions such as rape or incest.
By allowing civil demands, but not opening the door to any action by the State Prosecutor's Office, the Law of the Heartbeat makes its repeal of the courts extremely difficult. That does not mean that no more resources are going to present against it. But, for now, it is perfectly legal. This provides that it will be immediately imitated by a series of states that have tried, without success, prohibit or limit abortion. The president of the USA Joe Biden had criticized the law yesterday, saying that "violates flagrantly the" legal precedent. Biden, which is a practicing Catholic, has been harshly criticized by the members of that community in the US for the support of him to abortion.
For the pro abortion groups, it is a system that allows what they call "rewards hunters" to persecute the clinics that make abortions. Those same organizations argue that the beats generated by an embryo come from the first rudiments of what is going to become their heart, but not that organ proper. Around 85% of abortions in Texas occur past the six weeks of gestation, according to the clinics provided by these services.
Texas law is perfectly designed to make the most of the legal rescues of the ROE versus Wade judgment, which legalized abortion in the United States. The resolution of the Supreme determined that abortion was legal as long as the embryo was not "viable" outside the maternal uterus. That was a salomonic decision and impossible to lead to practice, because gestation is not an accurate science, and the "viability" of the fetus has increased as medicine progresses.
The sentence of the Supreme, combined with the federal nature of the United States, has created a puzzle of pregnancy regulations, although most states establish the period raised from 20 to 24 weeks of gestation, when, In theory, the fetus has less than 50% of possibilities to survive. The question is that there are cases that clearly break that presumption, such as that of a child in 2018 in California who survived a premature birth after a pregnancy of just over five months.Updated Date: 04 September 2021, 10:29