the supreme court and the abortion debate
the american system of government
separation of powers (no power would overtake the other : two checking the other one: checks and balances)
legislative branch
executive branch
judiciary branch
created by article 1 (most detailed article)
congress
want to avoid the prsident to become a tyranical figure like george the third in britain
make rules
article 2
the president
authority includes enforcement
abortion law (roe v. wade) > la constitution américaine abroge le droit a l'avortement : laisse les etats américains libres d'interdire le droit a l'IVG
article 3 The judicial power of the united states, shall be vested in one supreme court, and in such inferior courts as the congress may from time to time ordain and establish
president
supreme court (nominated by president) > donald trump "we are the party of life" nominated pro-life judges to the supreme court (nominated 3 very conservative judges> Gorsuch, Kavanaugh, Barett) STAY UNTIL THEY DIE
congress
house of representatives
senate
republicans : trump and bush (alito, roberts (chief justice), thomas)
democratic : Clinton and obama : kagan, sotomayor, breyer
power of the judiciart to examine and invalidate actions undertaken by the legislative and executive branches of both the federal and state governments
court has the power to review
congressional laws
state actions
federal bureaucratic agencies
presidential actions
marbury fs. madisson : arret par lequel la Cour suprême des Etats-Unis institua le mécanisme même du Judicial review
federalism
separation of powers between the state and federal governments
significated in the 10th amendment any power not given to the federal government is reserved to the state or the people
consequences
dual court system (federal court system and state court system)
state : health/ general welfare of citizens (family, crime , education)
original and Appellate jurisdiction
courts of original jurisdiction
court that first hears the case
may be of limited or general jurisdiction
courts of first instance
courts of appellate jurisdiction
hear appeals from courts of original jurisdiction
appeals are based upon errors of law
courts of intermediate appellate jurisdiction
courts of last resort
state supreme court
U.S supreme court
U.S district court (94 of them with 663 judges)< U.S court of appeal (12, distributed regionally) < US supreme court
State trial courts (1 in every states) < state appeals courts < highest state court < us supreme court
Dobbs v. jackson women's organization (ruling that ended the federal right to end abortion)
in 2018, Jackson Women's health organisation, a clinic and abortion facility in mississippi, challenged the constitutionality of the "Gestational Age Act >bans all abortion after 15 weeks" in federal court
13 dec 2019 : US court of appeal for the 5th circuit affirmed the US district court for the southern district of mississippi's ruling
15 juin 2020: mississippi department of health state health officer Thomas dobbs, in his official capacity, appealed to the us supreme court
17 mai 2021: The US supreme court agrees to hear the case
1 dec2021 : supreme court agreed to hear the case
4 june 2022: the us supreme court reversed the decision of the US court of appeals for the 5th circuit and remanded the case for further proceedings
petitioner v. respondent
petitioner
refers to the party who petitioned the supreme court to review the case
Dobbs - Thomas E. Dobbs, State Health Officer of the Mississippi Department of Health
respondent
the opponent
missisipi's only abortion clinic
sometimes the supreme court hears cases from original juridiction. ex :
cases between the US and a state
cases between two or more states
cases involving foreign ministers or ambassadors
cases brought by citizens of one state against citizens of another state or against a foreign country
the Abortion debate
timeline abortion in us
under common law, abortion was legal until "quickening > begining of foetal movement"
1821 : Connecticut passes 1st abortion law
1847 : American Medical Association > campaigns to get abortion outlawed in every state
1910 : Abortion Bans Nationwide
1959 :organisation " American Law Institute" drafts Model Penal Code that includes Abortion (legalised in certain cases)
1962 : Thalidomide scandal.Sherri Finkbine goes to sweden for abortion, 52% of public approves, 32% disapprove
1965: Rubella Epidemic. evolution in public opinion again 77% approve for birth defects, 18% approve for economic reasons
1967 Colorado passes first liberal abortion law, followed by north Carolina and California
1968 reforms laws passed in Arkansas, Delware, Georgia, Kansas, Maryland, Mississippi, New Mexico, Oregon & President Johnson's Committee on the status of women call for repeal of all abortion laws
1969 : Sen. Robert Packwood (R-OR) introduces bill to legalise abortion in DC
1970 : Hawaii, New York, Washignton, Alaska eapeal abortion laws
the case : Roe v Wade 1973
1970 Jane Roe (fictional name to protect) filled a lawsuit against Henry wade the district atourney of Dallas country (texas)
decision
devided states in pregnancy. First semester state can not regulate the right, second can
she challenged a texas law that was making abortion illegal. the alleged thatthe laws were unconstitutional (RIGHT TO PRIVACY, 4 amendment)
he united state constitution provides a fundamental "right to privacy" that protects a person's right to choose wherther to have an abortion
but the abortion right is not absolte. It must be balanced against
1976 Hyde amendment put in place
1984: Global Gag rule
planned Parenthood vs. Casey (ppl worried, think that roe is going to overturn)
landmark case : constitution protects the right to abortion
"undue burden" framework
state politicians passed numerous restrictions across the country (limits on medication abortion,imposed regulation on abortion clinics that were not able to implemate regulations (doctors need priviledge at local hospital, waiting period..) > try to discourage woman to have abortion
2016 Whole woman's Health v. Hellerstedt
2020 June Medical services v.Russo (civil court struck down a medicaly unecessary law that. BIG FIGURE: Ruth Bader Ginsburg > nDeuxième femme de l’histoire américaine à siéger au sein de la Cour suprême, icône de la gauche progressiste, cette juriste devenue phénomène culturel avait fait de l’égalité des sexes son combat.
2021 texas 6 week ban
end of constitutional right to abortion
( in favour : Samuel Alito, Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy coney Barett
chief justice John supported the Mississippi ban, would not have gone further
three justices against (stephen breyer, Sonia Sotomay and Elena Kagan)
The supreme court and public opinion
planned parenthood v Casey (1992) : many ppl expected them to overrule Roe but justicers said it "would subvert the court's legitimacy beyond any serious question" : the supreme court must maintain its legitimacy by looking to public opinion
Dobbs v. Jackson Women's health Organisation 2022 : supreme court said they can not allow its decisions to be affected by any extraneous influences such as concern about the public's reaction to its work