USA – What It Takes to Claw Back Abortion Rights in Court

Feb 19, 2024
By Andrea González-Ramírez, the Cut

Any day now, the Texas Supreme Court is expected to issue its ruling on Zurawski v. State of Texas, the first-of-its-kind legal challenge brought forward last year by 20 women who say that they were denied abortion care in the face of severe and dangerous pregnancy complications. The case seeks to clarify what circumstances qualify as medical emergencies under the state’s three overlapping abortion bans, which threaten providers with up to life in prison, in addition to a civil penalty of no less than $100,000.

Molly Duane, a senior staff attorney at the Center for Reproductive Rights, came up with the case’s legal strategy and has since filed similar lawsuits in Idaho and Tennessee. … “Brittany Watts, Kate Cox — these are not isolated incidents,” she says. “The cruelty, the confusion, the absolute terror that is pervasive throughout the medical community and is impacting patients every single day, all that was by design.” I talked to Duane about the reasoning behind this focus on medical exceptions and the long game that is trying to claw back some abortion rights through the courts.

Continued: https://www.thecut.com/article/zurawski-v-texas-and-clawing-back-abortion-rights-in-court.html

Overturning Roe Has Been a Horror Show

Medical nightmares are happening before our eyes, and even as Americans in red and blue states express support for abortion rights, the GOP seems determined to crack down further.

BY MOLLY JONG-FAST
DECEMBER 18, 2023

The moment Ruth Bader Ginsburg died, I knew Roe’s days were numbered. Sometime in 2019, a conservative friend texted me that Donald Trump was saving Amy Coney Barrett for when RBG dies. Sure enough, Trump tapped Coney Barrett shortly after trailblazing justice’s death…

With nearly 50 years of precedent wiped away, and an existing constitutional right to an abortion eliminated, I worried about all the cruel and chaotic scenarios that could play out, such as doctors being afraid to treat miscarriages. One of the reasons Roe was decided so broadly in 1973 was because doctors found themselves hamstrung by existing legislation, more worried about losing their medical licenses than their patients.

Continued; https://www.vanityfair.com/news/roe-gop-abortion-restrictions

Behind the Scenes at the Dismantling of Roe v. Wade

By Jodi Kantor and Adam Liptak
Dec. 15, 2023

On Feb. 10 last year, Justice Samuel A. Alito Jr. showed his eight colleagues how he intended to uproot the constitutional right to abortion.

At 11:16 a.m., his clerk circulated a 98-page draft opinion in Dobbs v. Jackson Women’s Health Organization. After a justice shares an opinion inside the court, other members scrutinize it. Those in the majority can request revisions, sometimes as the price of their votes, sweating sentences or even words.

Continued: https://www.nytimes.com/2023/12/15/us/supreme-court-dobbs-roe-abortion.html

5 Takeaways From Inside the Overturning of Roe v. Wade

A Times investigation reveals the behind-the-scenes story of how the Supreme Court abolished the constitutional right to abortion.

By Jodi Kantor and Adam Liptak
Dec. 15, 2023

By the time the Supreme Court overturned Roe v. Wade last year, a draft of the ruling had been leaked to the press and the outcome was anticipated. The story behind the decision seemed obvious: The constitutional right to abortion effectively had died with Justice Ruth Bader Ginsburg, whose replacement, Amy Coney Barrett, was a favorite of the anti-abortion movement.

But that version is far from complete. The New York Times pieced together the hidden narrative behind this titanic shift in the law, drawing on internal documents, contemporaneous notes and interviews with court insiders who had real-time knowledge of the events.

Continued: https://www.nytimes.com/2023/12/15/us/supreme-court-dobbs-roe-abortion-takeaways.html

How Ginsburg’s death and Kavanaugh’s maneuvering shaped the Supreme Court’s reversal of Roe v. Wade and abortion rights

By Joan Biskupic, CNN Senior Supreme Court Analyst
Thu March 23, 2023

Editor’s Note: Adapted from “NINE BLACK ROBES: Inside the Supreme Court’s Drive to the Right and Its Historic Consequences,” by Joan Biskupic, to be published April 4 by William Morrow.

Within days of Justice Ruth Bader Ginsburg’s memorial service in late September 2020, boxes of her files and other office possessions were moved down to a dark, windowless theater on the Supreme Court’s ground floor, where – before the ongoing pandemic – tourists could watch a film about court operations.

Grieving aides to the justice who’d served 27 years and become a cultural icon known as the “Notorious RBG” sorted through the chambers’ contents there.

Continued: https://www.cnn.com/2023/03/23/politics/supreme-court-abortion-joan-biskupic-nine-black-robes/index.html

The best way to protect abortion rights? Finalize the Equal Rights Amendment

BY KATE KELLY, Los Angeles Times
MAY 23, 2022

When Roe vs. Wade was decided in 1973, it was rooted in rights that flow from privacy — not equality. As the country has now seen in the leaked Supreme Court draft ruling, that right to privacy is about to be demolished.

Justice Samuel A. Alito Jr. bemoans in the draft opinion that Roe “was remarkably loose in its treatment of the constitutional text,” basing the right to abortion on the right to privacy when neither is “mentioned” in the Constitution. While we can’t change the composition of the court poised to overturn Roe, we can change the text they are charged with interpreting. It’s time to finalize the Equal Rights Amendment and enshrine gender equality.

Continued: https://www.latimes.com/opinion/story/2022-05-23/roe-abortion-equal-rights-amendment

America Almost Took a Different Path Toward Abortion Rights

Roe v. Wade was never expected to be the case that made history.

By Emily Bazelon
May 20, 2022

For three days in January 1970, they filled the 13th floor of the federal courthouse in Manhattan, women of all ages crowded into a conference room, sitting on the floor, spilling into the hallway. Some brought friends or husbands. One nursed a baby. Another was a painter who also taught elementary school. A third had gone to Catholic school. They’d come to give testimony in the case of Abramowicz v. Lefkowitz, the first in the country to challenge a state’s strict abortion law on behalf of women.

The witnesses in the courthouse were among 314 people, primarily women, brought together by a small team of lawyers, led by Florynce Kennedy and Nancy Stearns, to set up a legal argument no one had made before: that a woman’s right to an abortion was rooted in the Constitution’s promises of liberty and equal protection. New York permitted abortion only to save a woman’s life. Kennedy and Stearns wanted the court to understand how risking an illegal procedure or carrying a forced pregnancy could constrict women’s lives in ways that men did not experience.

https://www.nytimes.com/2022/05/20/magazine/roe-v-wade-abortion-rights.html

20.05.2022

Abramowicz v. Lefkowitz

Coat Hanger Farewell

Diane Schulder Abrams

Equal Protection Clause

Griswold v. Connecticut

Justice Harry Blackmun

Planned Parenthood of Southeastern Pennsylvania v. Casey

United States v. Virginia

women's abortion stories

USA – The Supreme Court is leading a Christian conservative revolution

Almost as soon as Justice Barrett was confirmed, the Court handed down a revolutionary “religious liberty” decision. It hasn’t slowed down since.

By Ian Millhiser
Jan 30, 2022

Justice Amy Coney Barrett had been a member of the Supreme Court for less than a month when she cast the key vote in one of the most consequential religion cases of the past century.

Months earlier, when the seat she would fill was still held by Justice Ruth Bader Ginsburg, the Court had handed down a series of 5-4 decisions establishing that churches and other houses of worship must comply with state occupancy limits and other rules imposed upon them to slow the spread of Covid-19.

Continued: https://www.vox.com/22889417/supreme-court-religious-liberty-christian-right-revolution-amy-coney-barrett

Stephen Breyer’s Unique Legacy on Abortion

His Supreme Court successor should keep in mind the power of digging deep into data — and reminding all the justices how their rulings would affect real Americans.

Opinion by MARY ZIEGLER
01/28/2022

Justice Stephen Breyer is scheduled to leave the Supreme Court just as his conservative colleagues are poised to dismantle a key part of his legacy: the court’s approach to a right to choose abortion.

Breyer’s name might not immediately come to mind when anyone thinks about abortion rights. Justice Ruth Bader Ginsburg, the late feminist icon, was arguably the court’s most eloquent defender of reproductive rights. Justice Sonia Sotomayor has taken on that role in the current court. Justice Anthony Kennedy, who long cast the swing vote in abortion cases, helped both to save abortion rights in 1992 and to water down protections for them, holding that abortion regulations would be unconstitutional only if they created an “undue burden.”

Continued: https://www.politico.com/news/magazine/2022/01/28/steve-breyens-supremecourt-replacement-abortion-data-00000019

The Supreme Court’s Texas Abortion Ruling Isn’t the Victory Many Want It to Be

Sonia Sotomayor said it best: “The Court should have put an end to this madness months ago.… It failed to do so [earlier], and it fails again today.”

By Elie Mystal
December 10, 2021

The Supreme Court today allowed some lawsuits to go forward against Texas’s six-week abortion ban, commonly known as Senate Bill 8. The majority opinion, written by Neil Gorsuch, allows abortion providers to sue a limited number of state officials and argue that the ban is unconstitutional. The decision means that lower courts will now be allowed to rule on the merits of the ban, and those lower court decisions will eventually be appealed back to the Supreme Court. The law will remain in place while that litigation plays out.

Meanwhile, in a separate, unsigned opinion, the Supreme Court dismissed the lawsuit brought by the Department of Justice against SB 8.

Continued: https://www.thenation.com/article/society/texas-abortion-ruling-supreme-court/

10.12.2021