How a Supreme Court Shaped by Trump Could Restrict Access to Abortion

How a Supreme Court Shaped by Trump Could Restrict Access to Abortion

AUG. 14, 2018

President Trump has pledged to appoint Supreme Court justices who will vote to overturn Roe v. Wade, the 1973 decision that established a constitutional right to abortion. Justice Anthony M. Kennedy was a cautious supporter of abortion rights. With his departure and the addition of a second Trump appointee, the Supreme Court would have a conservative majority that would most likely sustain sharp restrictions on access to abortion in the United States.

But if the court does hear a case that brings up the issue, it is hardly clear that it would take the drastic step of overruling Roe. The court could instead opt for a more incremental strategy, upholding increasingly severe restrictions in much of the country but stopping short of saying that the Constitution has nothing to say about a right to abortion.

Assuming that there are five justices ready to limit abortion rights, how could that happen? Here are some of the possible scenarios, each of which entails a different degree of legal upheaval.

Continued: https://www.nytimes.com/interactive/2018/08/14/us/roe-v-wade-explainer.html

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USA – The Struggle to Save Abortion Care

The Struggle to Save Abortion Care

Carole Joffe
First Published August 1, 2018
https://doi.org/10.1177/1536504218792522

Abstract: Resisting both physical attacks and widespread policy proscriptions, mission-driven abortion care providers continue working to help their patients.

“Some will rob you with a six gun, some with a fountain pen.” This line from an old Woody Guthrie song is an apt description of the vulnerability of abortion providers in the United States. Clinics have long been subject to physical attacks: eleven individuals have been murdered by anti-abortion extremists, thousands more have been terrorized at their homes and offices, and numerous clinics have been vandalized, even destroyed by fire-bombings. More recently, a harsh new regulatory regime—Guthrie’s “pen”—comprising onerous restrictions passed by state legislatures and hostile inspections by health departments threaten the ability of providers to keep their facilities open and to sustain their vision of “woman-centered” care. As a longtime abortion clinic administrator told me, “Regulatory interference is the new frontier of the anti-abortion movement.”

Continued: http://journals.sagepub.com/doi/10.1177/1536504218792522

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USA – A leader in the fight to protect Roe v. Wade lays out the plan to stop Brett Kavanaugh

A leader in the fight to protect Roe v. Wade lays out the plan to stop Brett Kavanaugh
NARAL president Ilyse Hogue explains the strategy for protecting abortion rights in the Supreme Court and in the states.

By Emily Stewart
Jul 29, 2018

Even before Supreme Court Justice’s Anthony Kennedy’s retirement and President Donald Trump’s nomination of Brett Kavanaugh to replace him, abortion rights advocates were already concerned about the erosion of those rights in America. The prospect of Kavanaugh on the bench — and his and the president’s past positioning on abortion — have raised the alarm over reproductive rights in the United States and the future of Roe v. Wade to a new level.

Activists are ready for battle.

Continued: https://www.vox.com/policy-and-politics/2018/7/29/17625884/brett-kavanaugh-abortion-naral-ilyse-hogue

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USA – Center for Reproductive Rights Statement on Judge Brett Kavanaugh’s Nomination to U.S. Supreme Court

Center for Reproductive Rights Statement on Judge Brett Kavanaugh’s Nomination to U.S. Supreme Court

07.09.18 - (PRESS RELEASE) Said Nancy Northup, President and CEO of the Center for Reproductive Rights:

“President Trump has vowed to nominate to the U.S. Supreme Court only justices who will overturn Roe v. Wade. In addition to this litmus test, he has also said women who have abortions should be punished. Today, with the nomination of Judge Kavanaugh, the President is presumably making good on his Roe-reversal promise. Every Senator should assume that is the case, absent a clear and compelling statement from the nominee that he agrees with the rationale and premise of Roe v. Wade—that the right to abortion is among the Constitution’s guaranteed personal liberty rights.

“In the past twelve years that Judge Kavanaugh has served on the U.S. Court of Appeals for the D.C. Circuit, he has ruled in one case involving women’s access to abortion.

https://www.reproductiverights.org/press-room/center-for-reproductive-rights-statement-on-judge-brett-kavanaugh%E2%80%99s-nomination-to-us-supr

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USA – Memo to Chuck Schumer: Stop Dithering and Start Fighting. Now.

Memo to Chuck Schumer: Stop Dithering and Start Fighting. Now.

Jul 9, 2018
Jodi Jacobson

I have some questions for Chuck Schumer.

Senator Schumer: You seem to be treating the nomination of a second Supreme Court justice by Donald Trump as business as usual. But it is not. Nothing is usual. Nothing is normal. What don’t you understand about this?

What don’t you get about the fact that Trump is under federal investigation and possibly facing criminal charges? Or that he has actually suggested he can pardon himself?

Continued: https://rewire.news/article/2018/07/09/memo-chuck-schumer-stop-dithering-start-fighting-now/

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USA – The anti-abortion conservative quietly guiding Trump’s supreme court pick

The anti-abortion conservative quietly guiding Trump's supreme court pick

Jon Swaine in New York
Fri 6 Jul 2018

Just 20 months ago, Leonard Leo’s life’s work appeared in jeopardy. Hillary Clinton would soon be elected president. A liberal judge would be chosen to replace Antonin Scalia, the late lodestar of American conservatism, on the supreme court.

“Staring at that vacancy, fear permeated every day in that countdown to November 8,” Leo recalled last year, in a speech to fellow religious conservatives. His three-decade fight to push the US judiciary to the right – and enable a crackdown on abortion – looked to be lost.

Continued: https://www.theguardian.com/law/2018/jul/06/leonard-leo-supreme-court-replacement-trump-justice-nomination-abortion

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USA – The End of Abortion

The End of Abortion

By Reva Siegel
June 28, 2018

As a candidate, Donald Trump promised to appoint justices who would overrule Roe v. Wade, and the actions of his administration confirm his hostility. With Justice Anthony M. Kennedy’s retirement, we are now at the moment of reckoning.

The court of Chief Justice John G. Roberts Jr. could reject Roe quickly and openly, allowing states to ban abortion at any point during pregnancy and to punish doctors and even their patients — as Mr. Trump discussed on the campaign trail. Some states like Iowa have already enacted laws banning early abortion to put test cases in the judicial pipeline.

Continued: https://www.nytimes.com/2018/06/28/opinion/abortion-kennedy-supreme-court-trump.html

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With Kennedy Retiring, Senate Democrats Need to Fight for Our Lives. Do They Have the Guts?

With Kennedy Retiring, Senate Democrats Need to Fight for Our Lives. Do They Have the Guts?

Jun 28, 2018,
Jodi Jacobson

This is not a drill. This is not politics as usual. This is survival. The Democrats must treat it as such or, if we survive to write a history, be forever infamous for preemptive surrender.

At the end of a week in which the illegitimate U.S. Supreme Court pick of an illegitimate president now under criminal investigation provided the critical fifth vote on cases eviscerating labor rights, the rights of Muslims, and the rights of pregnant people to medically accurate information, Justice Anthony Kennedy announced his retirement. As a result, Donald Trump (or more accurately Vice President Mike Pence and the Federalist Society) will make the most consequential Court pick for at least a generation. Republican Senate Majority Leader Mitch McConnell (KY) has, not surprisingly, already vowed to confirm Trump’s nominee by the fall, without even knowing who that will be.

Continued: https://rewire.news/article/2018/06/28/kennedy-retiring-senate-democrats-need-fight-lives-guts/

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USA – Justice Kennedy, the pivotal swing vote on the Supreme Court, announces his retirement

Justice Kennedy, the pivotal swing vote on the Supreme Court, announces his retirement
What Justice Kennedy's retirement means for the Supreme Court

by Robert Barnes June 27, 2018

Justice Anthony M. Kennedy announced Wednesday that he is retiring from the Supreme Court, a move that will give President Trump a chance to replace the pivotal justice and solidify a more conservative majority on the court that plays a crucial role in American life.

“It has been the greatest honor and privilege to serve our nation in the federal judiciary for 43 years, 30 of those years on the Supreme Court,” Kennedy, 81, said in a statement released in the afternoon of the last day of the term. He said his final day will be July 31.

Continued: https://www.washingtonpost.com/politics/courts_law/justice-kennedy-the-pivotal-swing-vote-on-the-supreme-court-announces-retirement/2018/06/27/a40a8c64-5932-11e7-a204-ad706461fa4f_story.html?utm_term=.2e7c4ab3a380

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USA – What To Do When ― Not If ― Roe Vanishes

What To Do When ― Not If ― Roe Vanishes

Robin Marty, Guest Writer
June 27, 2018

Like many reproductive rights activists, I was horrified ― but sadly, not terribly surprised ― by the news that “moderate” swing vote Justice Anthony Kennedy is retiring from the Supreme Court.

Though he was often unreliable, Kennedy was the one slim ray of hope for a continuing federal right to a legal abortion now that conservatives control all three branches of the government. With his departure, Roe v. Wade, the 1973 ruling that made abortion legal in all 50 states, is critically endangered and careening toward extinction.

Continued: https://www.huffingtonpost.com/entry/opinion-marty-roe-wade-kennedy-abortion_us_5b34279fe4b0b5e692f42b42

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