The US Supreme Court has heard arguments in the most important abortion case in a generation. It is the biggest challenge to a 1973 ruling that legalised abortion nationally, and could change reproductive rights in the country. Ros Atkins looks at the abortion debate in the US and asks why this case is happening now.
This is an unofficial transcript meant for reference. Accuracy is not guaranteed.
Hello, I'm rosa keynes each week on the bbc
What service? I look at one of the biggest issues in the news this time. It's america's abortion divide and a landmark ruling the supreme court today, legalized abortion back in nineteen. Seventy, three, the? U s supreme court made a ruling known as roe versus wade. It gave american women the constitutional right to an abortion in the first three months of pregnancy and now that same court may be about to take away. Some of those rights is pretty monumental, because this is the first time in a generation that there's a direct challenge to the constitutional right to an abortion. There have been challenges:
on other things, restrictions and abortions, but this is directly saying that the right should be overturned. My colleague, Barbara pet Asha describes a direct challenge and in a rare moments of agreement, both sides of this issue see the importance of this moment, his an anti abortion rights campaigner first or very excited. We think this is a great case. It's a great law and we look forward to seeing what the court, as we are very concerned, that anything short of a complete repudiation of what's happened in mississippi with the law.
Inflation is going to be really damaging. An issue that initially looked to have been settled by america's highest court fifty years ago is now far from settled. There are a range of
reasons why this challenges come now and the first connects to a law in mississippi is yet to be enacted, but it would ban abortions off the fifteen weeks of pregnancy. That's well before the stage of fetal viability of around twenty four weeks that
overseas. Wade allows for its this law in mississippi this now being considered by the supreme court.
three of the nine supreme court justices were appointed by donald trump, while he was president because of them the court leans decisively towards conservative justices and a number of u S. States, including mississippi, saw this as an opportunity. Elizabeth NASH is from the good market institute which opposes a reduction,
an abortion rights. She explains how we are seeing a large amount of legislation moving through state legislatures right now and its due to the fact that policy makers are very conservative, extremely slow, and these conservative legislators are
Led by the fact that the judiciary is also now conservative because up all of the trump appointment, the good mocker institute, also reports. The individual states Van acted more abortion restrictions in twenty twenty one than any previous year. Now most of those restrictions have been challenged or struck down in court, but they were designed to force a challenge which may then go to the supreme court. That's what's happened with mississippi, and my parents, who is vice present
in the trump administration is clear what he wants to happen. Now we are asking the court in no uncertain terms to make history. We are asking the supreme court of the united states to overturn row
He weighed and restore the sanctity of life to the sun
or of american law. This political dimension of the court is much much more pronounced now than in nineteen. Seventy three indeed, some argue roe. Vs wade helped start that politicization. Well, whatever the reasons the politics of the appointments are now undeniable, though the justices themselves strongly reject any suggestion that political actors, but as the supreme court, began its considerations. One of the liberal justices warned that this could be the perception. Will this institution survive? The stench that this creates in the public perception that the constitution and it's reading are just political acts, not all smell, a stench? But it's beyond dispute that the system of presidential appointments gives the court a political dimension
and to understand exactly why we need to look at the evolution of american politics by the end of the nineteenth century. Is an idea emerged that the most heinous example of the secular relation of american wisely
position of politically liberal values. There were detrimental to the american family, was roby weight and that conviction only deepen over the course of the ancient aids for the christian.
Doktor Daniel Williams is from the university of west georgia. He describes what are the most important political developments in: u s politics, the alignment of quick
organizations and the republican party and your free,
When we hear the language of christianity on the issue of abortion is one example. This is texas, governor gregg abba in may, as he signed a bill outlawry abortion in the state. Our creator, in doubt us with the right to life, and yet millions of children lose their right to life every year because of abortion. Many americans don't see it this way, but all of these long term fact
it is combined with the trump presidency help us explain why this case is happening now, and there are multiple reasons why the supreme court hearing is significant, starting with the fact it looks very likely to deliver change hm the court could have taken less explosive cases. Instead, it took this one, probably with the intent of upholding this law
Reason that significant is that ruby wade's as their right to choose abortion until fetal viability, which is usually around the twenty fourth weaker full nine weeks after mississippi's law takes effect. The historian Mary ziegler believes the court will act and comments by justice brent carbon out this week back this up the constitution's, neither pro wife nor for choice on the question of abortion, but leaves the issue for the people of the states for perhaps congress to resolve in the democratic process. Some change looks very likely
that could pave the way for states to be able to choose their own approach to abortion. That would mean american women having different abortion rights according to where they live, and some fear that may force women to take dangerous risks.
I'm very frightened. You know. I do believe that many of us will go back to code hangers and back alleys. Barbara Philips lives in mississippi her concerns of fur
american women on a global level? The world health organization is also explicit about the risks of a lack of access to safe, affordable, timely abortion care, but, faced with criticism that these new laws risk women safety, their supporters offer reassurances like these from the report
The context of state senator brine hughes, we protect innocent human life,
for years now, four years, women coming alongside the mothers providing more funding more help for expected mothers. We don't just forget about them after the child comes along. As you can hear, these are quite different. Visions of the health care and support that women have the right to access, and at stake is how america views pregnancy
To sum up, this is a moment of opportunity. Helen Elbaradei is a law professor at the internal scalia law school. There is no scientific disagreement that a woman is carrying alive human being in her room and states should be allowed to prevent the killing of human beings. For others, though, this is a moment of outrage and fear.
such as this protester in washington d c in october. They are asked to wait and none of their, and why should anybody have any right over anybody else's control of their own bodies? And while we consider these arguments, let's remember that polls suggest a majority of americans are in favor of abortion rights as they have been for years, but judicial and political power don't always match the majority. Donald trump's victory in two thousand, and sixteen was one with fewer votes than Hillary Clinton and fewer than fifty percent, but he became president and he selected the three new justices. It was a political
triumph for the Republicans and that triumph has now in turn, but antiabortion campaigners within sight of their go. Thank you for listening. There will be more from the document she podcast soon. The documentary is just one of our bbc world service podcast. There are many others,
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Transcript generated on 2023-04-29.