Comments 丨 Does the judgment of the Supreme Court of the United States deprived of women's abortion rights?

it's not true. The Supreme Court only stripped the abortion rights from the Federal Constitution, and abortion belongs to the category of state rights.

The US Supreme Court overturned the 1973 "Roy Verior Case" judgment. The verdict written by Judge Alito made a conclusion: "We end the judgment from the beginning. The abortion level involves a deep moral issue. The Constitution has not prohibited citizens of various states from supervising or abortion. One power. We now overthrow those judgments and return power to the people and the representatives they choose. "

Since the Roy case in 1973, arguments about abortion have not been interrupted. In the Casey case in 1992, the nine judges of the Supreme Court were divided into three factions, four of which were in favor of overthrowing the Roy case, but in the end, the original judgment was maintained. The reason is to follow the precedent. " If you do not do this, you will destroy the precedent for the court and the rule of law. "

How to become a constitutional debate on the issue of fertility? From the perspective of the Supreme Court, this is the authority of the Supreme Law of the Supreme Fa judge by explaining the US Constitution and maintaining the principles of constitutional government. The Supreme Court is to explain and maintain the Constitution and conduct judicial review of the Constitution, rather than modifying or creating a constitution. Explaining the Constitution from the text itself is the basic principle.

Judge Alito said in the verdict: "We believe that the Roy and the Casey case must be overturned. The constitution does not mention the right to abortion, and any constitutional terms cannot explain the protection of this right." This is this is the Fundamental. In other words, the reason for overthrowing the Roy case is not whether to protect the legal abortion right of women, but that the US Constitution does not have discussions on abortion rights, nor can they "extend" this right from the existing constitutional terms. Of course, the legislature can increase the amendment to the constitution, which clearly stipulates this right, but it is a matter of the legislative agency.

"Thomas E. Dubes, Ministry of Health of Mississippi Prefecture, the Ministry of Health of the United States Jackson Women's Health Organization Case" is the fuse of the "Roy Victoria Case" this time, because Mississippi passed the "Pregnancy Age Law", the core of which The terms are "except for emergency medical conditions or severe fetal malformations, if the fetus is more than 15 weeks, no one may intentionally or know the implementation or seduce others to abortion." A woman's abortion agency Jackson Women's Health Organization sued officials in Misbi, and believed that the bill was unconstitutional, because the core terms of the bill were involved in the judgment of the Roy in 1973. At that time, women's pregnancy was divided into three stages, and abortion could be performed in the first six months. The lawsuit was hit all the way to the Supreme Court, and maybe people will use the "Dobes" to refer to the lawsuit in the future. The duel of the Dobes and the Roy case has become a dispute of whether the abortion right is unconstitutional.

The judgment of 1973 involved three core issues: first, whether the fetus enjoys the rights stipulated by the Constitution, the conclusion is not; the second is that the right to abortion is a privacy and part of the right of freedom; the third is to specify the period of abortion. The first six months can be abandoned, the reason is that after 6 months, the fetus has a high chance of surviving outside the mother. In 1992, the Casey case added a vague rule, and the states could not increase the "improper burden" of women. In other words, the core of the Roy case is not to be legally abortion during which time, but that abortion is not stipulated by federal laws, and the legal basis for "abortion rights" cannot be found from the text of the American Constitution. That is, the judgment of 1973 was unconstitutional. It created the "abortion right" that the constitutional text did not have, and overthrowing the Roy case was to return to the constitutional text itself.

First of all, there is no expression about abortion in the US Constitution. The Roy Case judgment from Article 14 of the Constitutional amendment is not strict and far -fetched. The rights are different because abortion involves the definition of fetal life.

Secondly, the judgment of the Roy case interrupted the evolution of the abortion problem in American society. At the time of the Roy case, 30 states in the United States banned abortion at any stage, and a few years before the judgment, one -third of the state relaxed the abortion law, but the Roy case was intervened in this affairs in a law. The discussion of each state on this issue, that is, the "abortion right" created by the Supreme Court interrupted the process of social order evolution.

Finally, did the Supreme Court's judgment deprived of the right to abortion? it's not true. The Supreme Court only stripped the abortion rights from the Federal Constitution, and abortion belongs to the category of state rights. Of course, after the Roy case, the territory of American political culture will be even more "polarized". As the late Justice Kingsberg said, poverty -stricken women may be difficult to obtain safe abortion services.

Behind the Supreme Court's "admitting mistakes" is actually a conservative reflection of the U.S. political and social thoughts. In addition, President Trump has won the "luck" of three nominated judges during his tenure. Trump nominated three judges in favor of overthrowing the Roy case. After President Trump nominated three judges, the US Supreme Court entered the era of conservatives, which may be the biggest "political heritage" left by Trump.

Red Star News Special commentator Sun Xingjie (Deputy Director and Professor of the Institute of International Relations of Jilin University)

Edit Yin Shuguang

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