"Roy Case", a political fight
Author:Chang'an Street Knowledge Time:2022.06.27
On the 24th local time, the Supreme Court of the United States made a "Douson Female Health Organization Case" judgment, overthrowing the historic judgment of the famous "Roy Verid Case", and put the abortion right to the states. According to statistics from the New York Times on the 25th, at least 9 states have prohibited abortion, and 12 states will follow up.
The British "Guardian" posted on the 26th and lamented: "The differences between American society in basic issues are getting bigger and bigger." On the one hand, the protesters burned the American flag and surrounded the parliament building. 150 years of retreat "; on the other hand, former US President Trump praised his ruling and attributed his credit to himself.
"'Roy''s fall is a heavy hammer of the reputation and authority of the Supreme Court of the United States, which indirectly impacts the" democratic spirit' advertised as the United States. " In an exclusive interview (WeChat ID: CapitalNews), the main problems that the United States has now touched the foundation of the Constitution now. The two -level decentralized system with the federal level has also been involved in more and more party competitions.
School tendency and legal wrestling
Knowledge: What is the reason for the "Roy Case" judgment? Is the abortion right of American women deprived?
Shen Yamei: The direct reason for the result is the faction of the Supreme Court of the Supreme Court who has the right to decide. At present, there are 9 Supreme Court Justice. All six judges nominated by the Republican President have voted for support. All three judges nominated by the Democratic President of Democratic Party were voted against the votes, and eventually overturned the Roy Case 6: 3.
The main reason for the result is the legal wrestling behind the right to abortion. We know that the Roy case jurisprudence was based on the interpretation of legitimate legal procedure clauses on the 14th amendment to the US Constitution, and created a privacy protection of the Constitution and then proposed an abortion right. The conservative judge Alito pointed out in the ruling of his master's writing that the "Roy Case" judgment was wrong from the beginning, because neither the constitution and American history mentioned abortion rights, so the federal government had no right to interfere and should interfere. Return to state rights.
It should be pointed out that the "Roy Case" judgment is overthrown. It does not mean that the United States does not have the right to abortion, but the Supreme Court and the Federal Government put the right to the states. Each state has its own laws, and the situation is different.
After the "Roy Case" was overthrown, the New Mexican Maternity Hospital may usher in a large number of abortion women. Source: Visual China
In fact, since the abortion rights were officially protected by the US Constitution in 1973, the form of protection has been applied for many restrictions and additional conditions, and the public rights have been relatively limited. Nowadays, the decision to overthrow the "Roy Case" has more intensified to set up various obstacles to hinder abortion rights.
It is expected that more than 20 Republican leaders will restrict abortion rights to varying degrees. Recently, some states have followed up quickly, and the "trigger method" for the prohibited abortion in advance will take effect immediately. At the same time, more than 20 Democratic Party's state believes that the judgment is unreasonable. The chief prosecutor has vowed not to prosecute the abortion women, and some states also allow women to travel to states that support abortion.
Next, there will be more different interpretations based on the 14th amendment to the Constitution, and the struggle caused by different interpretations that conform to "historical and traditional rights". Both conservatives and liberals will launch more actions to constantly impact the US judicial system.
"Democratic Spirit" was a heavy hammer
Knowledge: The United Nations reiterated in response that reproductive rights are an important part of women's rights. What kind of damage has been overthrown today? Is this contrary to the "human rights lighthouse" and "democratic leaders" that the United States claims to be?
Shen Yamei: The "Roy Case" jurisprudence can be overthrown can be regarded as a major setback in the United States in the past 50 years. It is worth noting that the composition of the Supreme Court Justice is actually the first time in the history of American history to serve in the Supreme Court at the same time. Although the three liberal female judges have voted against overturning tickets, Trump nominated The conservative female judge Barrett became the key to ending the "Roy Case" judgment.
On May 14, Washington, the United States, held a parade to defend the protection of women's abortion rights. Source: Visual China
The fall of "Roy" is also a heavy hammer of the reputation and authority of the Supreme Court of the United States, which indirectly impacts the "democratic spirit" advertised as the United States.
First of all, the ruling result is contrary to public opinion. According to the polls of the Supreme Court at the end of April, about 62%of the respondents opposed the overthrow of the Roy, of which Democrats accounted for 78%; about 37%of the respondents supported overthrowing, including 59%of the Communist Party. Despite the majority of opponents, the Supreme Court still successfully overturned the jurisdiction. It is difficult to say that party politics has no impact on the judgment of the judges, and it also has to doubt that the Supreme Court has a political tendency to have politics.
Secondly, the instability of the legal jurisprudence is endangering the cornerstone of American democracy. Theoretically, as a non -civilian election agency, the Supreme Court of the United States can operate normally and have a compulsory judgment is the result of the trust judgment. However, the actual situation is not optimistic.
The main problems in the United States have touched the foundation of the Constitution. The "separation and checks and balances" between legislation, administration, and justice has evolved into "three parties struggle and hooking". More and more party disputes. Demonstrations broke out in many places, and the people's trust in the courts continue to decrease, which will inevitably affect the basic legal system and the order of the rule of law in the United States.
Several conservative judges, including Thomas, also proposed that in the next step, other gender issues may be tried, including contraception and same -sex marriage, which means that the stability of the legal jurisprudence will be greater challenges. When the legal jurisprudence is overthrown one after another, the legal order of the US democratic cornerstone will also shake.
On the 24th, the protesters were crowded with the streets in front of the Supreme Court. Source: Visual China
"The United States is injured"
Knowledge: John Mickelswott mentioned in the book "Right School" that since the ruling in 1973, about 75 countries have relaxed restrictions on abortion laws. Why does the debate in the United States still fail to expose the problems and characteristics of American society?
Shen Yamei: Although the controversy of the United States on abortion rights involves all aspects of religion and medical care, it is actually a political struggle.
Under the trend of political polarization in the United States, each party and every government can only represent some voters. For some people, some people are loud and light. For example, for some ethnic minorities with some economic distress, if they are pregnant and choose to abandon the black clinic, their lives will be threatened to be greater.
As French historians and politicians Tockeville said, in the United States, all political issues are legal issues. To solve political issues through legal means, it is actually exempted from the political responsibilities that the government should assume, and at the same time allows those who have rich lawyers to dominate.
Thousands of people in Los Angeles in the United States participated in the rally of abortion rights. Source: Visual China
In the legal debate around abortion rights, we can see the confrontation of the two forces, namely the conservative "right to life" and the "choice" of liberals. The former emphasizes "the protection of universal life, including embryos", and the latter emphasizes "women's claims and freedom of their bodies." The contradiction between the two is basically difficult to reconcile, each with its own reason.
Not only that, the population structure of the United States has also changed greatly: white groups that have the authority in the US political system may become minority ethnic groups in this country. Although the abortion cannot solve the problem of low fertility rates in the United States, it has certain symbolic significance: it represents a strong struggle to continue to have absolute advantages in population and culture in terms of population and culture.
It can be said that the current controversy around abortion has exposed the fault of the US government's governance to a certain extent: the law is difficult to reconcile the opposition, the trend of division at the social level, the political polarization, and the two parties. Not only did it not be resolved, it was even more intensified.
On the 24th, the Los Angeles Police pushed a photographer with a baton to shoot the protests. Picture source: Agence France -Presse
In my opinion, the United States may have realized that there is a problem with the democratic system, so it will be more publicized to put democracy as a banner in foreign policy. On the one hand, boost confidence and strengthen the appeal of allies, on the other hand, when facing China, they also want to show the so -called "moral superiority" of self -creation. But this method has highlighted the trauma of the American democracy.
I am also deeply touched by myself. When we had a discussion with Americans before, they often emphasized the repair and vitality of their own system. They were full of confidence. Now some of them will emphasize that "we are injured" and "in the Chinese. Being embarrassed in front of him. "
Political life should not only be elected
Knowledge: Is the intermediate election coming, will the ruling a key issue of the intermediate elections of the two parties? Will it affect the results of the midterm elections? Shen Yamei: This issue is indeed heating rapidly, but in terms of polls in recent months, 60%of American voters are more concerned about economic issues, followed by gun control and diplomatic issues. Therefore, the impact of abortion rights on the election is limited.
However, it is undeniable that in this mid -term election, both parties want to use the verdict for political mobilization.
The Democratic Party is very hoped that the abortion rights will be shaped as one of the core issues to transfer the people's poor attention to their economic governance and harvest more votes for women, young people, and ethnic minorities. But now the results are set, and the morale of the Democratic Party and Liberals has a great blow.
The Republican Party has obviously "more rules." In the issue of anti -abortion rights, the Republican Party has steadily constructed power in the state and seats one by one, and finally opened the road to the Supreme Court. Trump appointed the three Supreme Court Justice during his tenure, reshaping the conservative pattern of the Supreme Court, so that conservatives used the "Douson Female Health Center Case" with the help of many years of preparation and invested money for many years and invested heavily. Roy case jurisprudence.
The Republican Party has proved that by focusing on the cultural war, it is relatively effective to stimulate the fear of white people with social and cultural issues, and at the same time to strengthen the strategy of accountability for the Democratic Party government. However, if the "Roy Case" continues to heat up, it is not necessarily beneficial to the Republican Party who wants to focus on the economy card.
Biden, Trump data chart. Source: Visual China
Generally speaking, in the election season, there will be some actions similar to the gun control bill due to the need for votes, but there will also be a large -scale backstur of the "Roy Case".
The problem is that political life should not only be elected, and more importantly should be after the election. After the election, all the United States will be attributed to a dead water, or paralysis and failure.
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