5: 4, behind the battle of abortion rights: the highest law of division and chief judge who lost control

On the evening of June 24, local time, the Supreme Court of the United States overthrew the constitutional rights of abortion established by the "Roy Case Wade Case" nearly half a century ago. rise.

In fact, the Supreme Court of the Supreme Court who overturned the Roy Valder case was revealed by Politico, a political news website in early May, and the conservatives accounted for 6 in the current 9 major judges of the Supreme Court, only 3 Putting, eventually overthrowing the abortion right to protect the Constitution is expected.

What surprised was that John Roberts, the chief judge of the same conservative, expressed his objections. However, in the case of conservatives occupying an absolute advantage, Roberts jumped out of the camp and did not affect the ultimate direction of the matter. In the end, the Supreme Court overturned the "Roy Verprration Case" with 5 votes in favor and 4 votes.

As the Supreme Court leader who is famous for adhering to gradual legal reforms and attaches great importance to the differences in Mihe, Roberts has played an embarrassing role in the most important case of his career?

On June 24, supporters of abortion rights protested on the streets of New York, USA. Photo source: Xinhua News Agency to send Guo Ke

"Swing ticket" is not pleased with both ends

The turmoil that overturned abortion rights actually involved two levels of legal incidents: one is the Supreme Court's review of Sicippi to prohibit the 15 weeks of abortion after pregnancy, and the other is the overthrow of the Roy Verior case on the basis of this. In accordance with the jurisprudence of the Roy case and the case of the Casey case of another abortion right in 1992, the Supreme Court's interpretation of the Constitution supported women's abortion rights that were relatively free before 24 weeks before pregnancy.

"The Supreme Court overthrowing the Roy case and the Kaisi case has caused a serious impact on the legal system, no matter what you think of these cases," Roberts wrote in his separate opinion. He believes that if the Supreme Court only makes a decision on the pregnancy node during the pregnancy of legal abortion, rather than further overthrowing the Roy case, it will not cause such controversy.

Roberts supported the time window of the legal abortion to 15 weeks, but opposed the further cancellation of the constitutional protection of abortion rights. In his opinion, the case that has been established for nearly 50 years is too aggressive. It is best to stay in the future and discuss it.

Obviously, Roberts's central position is not pleased in both ends in the increasingly acute Supreme Court. The three liberal judges naturally resolutely opposed any practice of further restricting the right to abortion. Conservative judges did not have much love for Roberts. They bluntly stated that their position lacks a consistent principle support and is unrealistic.

The 83 -year -old liberal judge Brey drafted a fierce opposition. "For millions of women, the jurisprudence of the Roy and the Casey case is crucial to their control of their bodies and lives. On the eyes, the damage that will not be seen today will not disappear the damage. "

The other two liberal judges Solomar John and Cagan were women and were appointed during the Obama administration. They warn that the current conservatives who account for the majority will not stop at abortion, and more civil rights results may be reversed in the future.

"This is one of Roberts one of the most obvious evidence of the Supreme Court's loss of control," said Stephen Vladeck, a professor of legal professor at the University of Texas, "this is the Supreme Court that bypass the chief judge to fight. The fierceness and hostility of the battle reflect the power of the chief judge because he cannot control any side. "

Two judges stated that 180 degrees turned around

On the side of the conservative judge, the leading role of the overthrow of the Roy case this time was the judge Alto. He and Roberts were appointed by President Bush in 2005. Compared with the gradual stance of Roberts restrained, Alto did not hesitate to make radical adjustments to the Constitution's explanation.

In the judgment opinion signed by him and the five conservative judges, he directly pointed out that the Roy case was "outrageous from the beginning", because there was no problem in the constitution. No constitutional terms can extend the right to abortion.

The core argument in the Roy case jurisprudence is to believe whether the abortion of pregnant women belongs to the ninth amendment to the US Constitution. Laws at the state level, so the state level must not interfere. But this roundabout idea does not answer the core questions such as whether women have abortion rights and whether the fetus has the right to life.

In Alto's view, the legal argument behind the Roy case was very weak. In the end, the abortion problem was not solved, but it set off a long -term fierce debate and exacerbated the division of public opinion.

The 74 -year -old conservative judge Thomas is the longest member of the current Supreme Court, and his conservative position can be described as the most firm. In a separate opinion, he believes that the amendment to Article 14 of the Roy Case Case is not only not applicable on the abortion issue, but also the protection measures for the protection of this amendment. It also needs to be reviewed. In contrast, Arolo has previously promised that the overthrow of abortion rights will not expand to other issues.

Alto and Thomas have a long time for abortion. Assuming the comparison between conservatives and liberals of the Supreme Court is 5 to 4, then Roberts's vote can also form a container. In 2012, it was Roberts's key vote that preserved the results of Obama's medical reform and also won the reputation for Roberts to cooperate across the field. However, during Trump's presidency, he appointed three conservative judges, namely Gosac, Cavano, and Barrett, to expand the conservative seats to 6 to form an absolute advantage. This time, the three did not accidentally agree to overthrow the Roy case.

At the inauguration hearing of Gosach and Cavano, the two gentlemen Senzhan Corinus and the Democratic Party's Joe Manchin -both voted for support tickets. After the verdict on the 24th, both of them exclaimed "deceived", because in private talks before inauguration, the two judges' statements on abortion issues were not like this.

"The verdict is not consistent with the judges Gorzeskey, Cavano, and Kavano at the hearing, and in my talks. The two have unanimously insisted that it is very important Represents in the statement.

Daily Economic News

- END -