The Supreme Court of the USA decided this Friday to leave in force the practice prohibition of abortion in Texas, but allowed to present demands against cuts of lower instance.
Specifically, the Supreme resolved that a group of organizations and clinics who practice abortions in Texas can continue their legal battle in lower courts, although it ceases to vigor the Texas law that prohibits interrupting pregnancy after six weeks of gestation while resolving The legal battle.
The highest judicial instance of the USA was pronounced one month after listening to the demands against the Texan Law of the Government of President Joe Biden and abortion clinics, who focused their arguments in procedural aspects of legislation and not In its constitutionality.
In fact, the Supreme has not entered to assess whether Texas legislation violates the right to abortion, which was recognized in the US. In 1973 thanks to the failure in the case "Roe against Wade", in which it was established that a Woman can end her pregnancy in the first six months of gestation.
The decision is limited to saying that clinics can continue with their legal challenge in lower cuts and, therefore, try a judge blocking Texan legislation.
If that happens, it is most likely that the state of Texas interpose a resource and the case ends in an appeals court, from where it will return to the supreme in a process that could take time.
Although there is still an open door to continue with its litigation, the complainant clinics and organizations of Texas law showed its discouragement for the supreme ruling, which returns them to the zero point in its judicial battle.
"Today is a black day for abortion patients, doctors and who provide (abortive services), is also a black day for anyone who cares about constitutional rights," said lawyer Marc Hearron, from the center for reproductive rights , who presented the arguments of the Texan clinics before the Supreme.
Hearron explained at a virtual press conference that the resolution assumes that "any state can prohibit the exercise of any constitutional right within state borders, if it allows the veto to be applied through particular complaints", since federal courts can not prevent it .
Texas law, which entered into force in September, prohibits abortion from the six weeks of gestation and does not contain exceptions for cases of incest or rape.
One of its most controversial aspects is that it leaves in the hands of individuals and not state officials, as is usually usual, its application, since anyone can present civil demands against anyone who helps a pregnant woman to abort if they believe that they infringe the prohibition. .
In addition, it offers rewards of up to $ 10,000 to each plaintiff if he wins the trial.
This system has so far allowed that the Texas authorities elude responsibility for the application of the Law, because the weight of implementation falls on those particular citizens and not in conservative leaders who driven veto al abortion.
Hearron urged the public not to be confused with the decision of the Supreme because, despite letting the legal challenge follow against some state officials, "does not block Texas 'reward hunters' plan," in reference to the compensation that the State It gives the individuals to denounce.
Even so, the lawyer said they will resort to a minor federal court to seek "relief" against these state officials.
For its part, the President and Executive Director of Whole Woman's Health Alliance Amy Hagstrom Miller, whose organization manages several clinics affected in Texas, described as "unfair, cruel and inhumana" the decision of the Supreme, which arrives a hundred days after the entry into Vigor of the norm.
Hagstrom Miller highlighted that now Texas pregnant women who want to abort should travel to other states such as Oklahoma, Louisiana or New Mexico, and even others more distant like New York, Mineota and Virginia.
"And the clinics in those states are saturated by trying to do the best to support the Texians, there is a waiting list of four weeks for a medical appointment in Oklahoma and more than six in Louisiana," he complained.
Since the Government of Biden, which has denounced Texas law separately, concern was also expressed by the ruling.
"The president is very concerned about the decision of the Supreme Court that allows SB8 (The Name of Texas Law) to follow, given the consequences that the Law has for women in Texas and throughout the country and for the State Law, "said white house spokesman Jen Psaki at his daily press conference.
The spokesman said that Biden is committed to the right to abortion and reiterated the desire of the President that this warranty is replaced in a law that is approved by Congress.
In September, the lower house approved a bill that would shield the right to abortion throughout the country and it would not validate vetoes in Texas and other states, but that has virtually no chance of getting ahead in the Senate because it would need several votes of Republican opposition.
However, Psaki said that the White House has been in contact with Democratic leadership in Congress to approve that norm and expressed its "hope" that I will get ahead.
Apart from the veto of Texas, the Supreme has come another similar case that affects Mississippi, which prohibits abortion at fifteen weeks of gestation and that constitutes the most decisive cause of the last decades on the interruption of pregnancy, since here the court Yes you should pronounce on your constitutionality.Date Of Update: 10 December 2021, 17:51