Late Supreme Court Justice Ruth Bader Ginsburg’s stance on abortion is cited by anti-abortion activists amid their legal push to overturn Roe v. Wade.
Anti-abortion groups cite Ginsburg’s legal aspiration’s for abortion rights, or the lack thereof. Mississippi Attorney General Lynn Fitch wrote, “Far from bringing peace to the controversy over abortion, Roe and Casey have made matters worse.” Continuing, she cited Ginsburg’s 1985 statement, “Heavy-handed judicial intervention [in Roe] was difficult to justify and appears to have provoked, not resolved conflict.”
In May of 2021, the Supreme Court announced it will consider a case challenging the 1973 decision to legalize abortions, Roe v. Wade and Planned Parenthood v. Casey, 1992. The Mississippi case is Dobbs v. bans Women’s Health Organization, which focuses on state legislation that banned abortions if “the probable gestational age of the unborn human” exceeded 15 weeks.
FBA reported, “The bill includes minimal exceptions for medical emergencies or ‘a severe fetal abnormality.’ Mississippi’s sole abortion clinic sued, saying the law ran afoul of Roe and Planned Parenthood v. Casey, the 1992 decision that affirmed Roe’s core holding. Judge Carlton W. Reeves of Federal District Court in Jackson, Miss., blocked the law in 2018, saying the legal issue was straightforward and questioning the state lawmakers’ motives.”
However, Ginsburg was not against abortion, rather, she advocated for new legal premises at the constitutional level. “It is essential to woman’s equality with man that she be the decision maker, that her choice be controlling,” Ginsburg told the Senate Judiciary Committee. “If you impose restraints that impede her choice, you are disadvantaging her because of her sex.”
ARTICLE: ANTOINETTE AHO
MANAGING EDITOR: CARSON CHOATE
PHOTO CREDITS: VOX
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