Abstract
Many state legislatures are racing to pass antiabortion laws that will give the current Supreme Court the opportunity to review its stance on the alleged constitutional right to have an abortion. While the number of abortions reported to be performed annually in the United States has declined over the last decade, according to the most recent government-reported data, the number of abortions performed on an annual basis is still over 600,000 per year. Abortion has been legal in the United States since 1973, when the Supreme Court recognized a constitutional right to have an abortion prior to viability (i.e. the time when a baby could possibly live outside the mother’s womb). States currently have the right to forbid abortions after viability. However, prior to viability, states may not place an “undue burden” in the path of a woman seeking an abortion. The recent appointments of two new Supreme Court justices, Neil Gorsich and Brett Kavanaugh, give pro-life states the best chance in decades to overrule the current abortion precedent. The question is whether these two new justices will shift the ideology of the court enough to overrule the current abortion precedent.
Highlights
Many state legislatures had the courage to pass new abortion laws that will give the current Supreme Court the opportunity to review its stance on the alleged constitutional right to have an abortion. 1 Abortion is a controversial issue with many proponents and opponents who vigorously defend their views
Abortions are a prevalent practice in the United States, amounting to over 600,000 abortions performed per year
Abortion has been legal in the United States since 1973, when the Supreme Court recognized a constitutional right to have an abortion prior to viability
Summary
Many state legislatures had the courage to pass new abortion laws that will give the current Supreme Court the opportunity to review its stance on the alleged constitutional right to have an abortion. 1 Abortion is a controversial issue with many proponents and opponents who vigorously defend their views. Many state legislatures had the courage to pass new abortion laws that will give the current Supreme Court the opportunity to review its stance on the alleged constitutional right to have an abortion. Many states are passing pro-life laws, knowing that the laws are unconstitutional under the current abortion precedent. The passage of these new state laws is a deliberate attempt to entice prochoice defendants to challenge the laws in court, eventually opening the door for the “new” Supreme Court to review the current abortion precedent.
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