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Health

Abortion ban launched by Lindsey Graham after Supreme Court docket Roe ruling

Republican Senator Lindsey Graham introduced legislation on Tuesday that would ban most abortions nationwide after the 15th week of pregnancy.

The South Carolina senator introduced the bill less than three months after the Supreme Court ruled Roe v. Wade, overturned the landmark ruling that established the constitutional right to abortion. The measure would severely limit access to abortion in numerous states — particularly blue states, which tend to have more protections from abortion rights.

The law, as it stands, has little chance of passing Congress as Democrats hold narrow majorities in both the House and Senate.

It comes ahead of the crucial midterm elections in November, which have cast doubt on expectations of a Republican defeat as evidence mounts that Roe’s reversal has roiled Democratic voters. Abortion rights advocates have warned that a GOP takeover of Congress would erode women’s rights, and many were quick to tout Graham’s bill as a prime example.

Even Senate Minority Leader Mitch McConnell, the Republican who would decide whether to vote on a statewide abortion ban if the GOP wins the chamber in November, was reluctant to pass Graham’s bill.

“I think most members of my conference would prefer this to be dealt with at the state level,” McConnell told reporters Tuesday afternoon. Other GOP senators have offered mixed messages on the bill.

While the title of Graham’s bill suggests it would only ban “late” abortions, it would limit the procedure nationwide after less than four months of pregnancy, a threshold that falls in the second trimester.

According to the health policy non-profit KFF, abortions are typically considered “late date” from the 21st week of pregnancy. However, the organization notes that this term is not an official medical term and that abortions at this stage are rarely sought and difficult to achieve.

The 15-week boundary precedes the point of fetal viability, which is generally considered to be around 24 weeks gestation. The Supreme Court ruled in Roe that women have the right to have a pre-viability abortion, and after that point states can begin to impose restrictions.

In June’s Dobbs v. Jackson Women’s Health Organization ruling, the Supreme Court ruled 5-4 for Roe and Planned Parenthood v. Casey, another abortion-right case. The ruling by a court that had become much more conservative after nominating three of former President Donald Trump’s nominees gave individual states the power to set their abortion policies.

Numerous Republican-leaning states have immediately sought outright bans on abortion, while many Democratic leaders have attempted to enshrine safeguards over the procedure.

Graham, a close Trump ally, had previously expressed his support for states making their own abortion laws. “This is, in my view, the most constitutionally sane way to deal with this issue and the way the United States handled this issue up until 1973,” Graham tweeted in May.

But Graham has also introduced legislation to limit abortion nationally – although his 2021 bill would have banned abortion after 20 weeks, instead of the 15-week limit in the current version.

“Abortion is a controversial issue. After Dobbs, America has a choice to make,” Graham said at a Tuesday news conference unveiling the new legislation.

“States have an opportunity to do this at the state level, and we have an opportunity in Washington to speak on this issue if we choose to,” he said. “I have decided to speak.”

By the 15-week mark, Graham said, the fetus has developed enough to feel pain from an abortion. After that, his bill would no longer allow abortions except in cases of rape or incest, or to save the mother’s life. “And that should be America,” the senator said.

Flanking Graham was the leaders of several anti-abortion groups, including Pro-Life America President Susan B. Anthony, Marjorie Dannenfelser.

“This is incredible progress, but much more needs to be done,” Dannenfelser said in a statement.

The White House slammed Graham in a statement later Tuesday, calling the bill “wildly inconsistent with what Americans believe” and touting the Biden administration’s legislative goals while accusing Republicans of “spending millions of… taking away women’s rights”.

Abortion rights groups echoed this sentiment but tied the issue directly to the midterm elections.

“Republicans in Congress for anti-abortion rights are showing us exactly what they intend to do when they come to power: pass a national ban on abortion,” Alexis McGill Johnson, CEO of Planned Parenthood, said in a statement.

“We want to thank Senator Graham for making it clear to voters today that Republicans are pursuing a national abortion ban in this midterm election,” said Dani Negrete, national political director for progressive advocacy group Indivisible.

Polls show attitudes toward abortion are shifting toward the pro-choice position after the Dobbs ruling. Some Republican candidates who previously took tough positions on abortion during the GOP primaries have softened or toned down their views as they run in general elections.

Democratic candidates such as Pennsylvania Senate nominee John Fetterman have addressed the issue.

“Dr. Oz has made it *very* clear that he wants to take women’s reproductive freedom away,” Fetterman tweeted Tuesday of Republican opponent Dr. Mehmet Oz. “As the GOP introduces a national abortion ban, it’s now more important than ever that we stop it in November.”

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Politics

Supreme Court docket to listen to Mississippi abortion case difficult Roe v. Wade

The Supreme Court on Monday agreed to hear arguments in a major Mississippi abortion case that pushes the limits of abortion laws set by the landmark reproductive rights case, Roe v. Calf, which were cemented, could reset.

The case will be the first major abortion dispute in which all three people appointed by former President Donald Trump will be considered in the Supreme Court, including the newest member, Justice Amy Coney Barrett.

The Supreme Court announced in an order that it would hear the dispute, Dobbs v Jackson Women’s Health Organization, 19-1392. The court will hear the case during its term in office from October. A decision is expected to be made in June 2022.

The case concerns a 2018 Mississippi abortion law that bans abortions after 15 weeks with limited exceptions. The law was blocked by the 5th US Circuit Court of Appeals. Under the existing Supreme Court precedent, states cannot prohibit abortions that occur before the fetus is viable, typically about 22 weeks or later.

In this case, Mississippi is asking the judges to re-examine that viability standard. The state argued that the viability rule prevents states from adequately defending maternal health and potential life.

“It is long time the court reassessed the wisdom of the profitability rule,” Mississippi Attorney General Lynn Fitch wrote in a brief report filed with the judges.

The Mississippi abortion clinic that challenged the law, the Jackson Women’s Health Organization, called on the Supreme Court not to take the case.

“In an uninterrupted series of decisions over the past fifty years, this court has ruled that the constitution guarantees everyone the right to choose whether to continue a pregnancy before viability,” wrote Hillary Schneller, an attorney who runs the clinic represents, in a file.

Schneller said Mississippi’s argument was based “on a misunderstanding of the core principle” of previous Supreme Court rulings.

She wrote, “While the state has interests throughout pregnancy.”[b]Prior to viability, state interests are not strong enough to support an abortion ban. “

Conservatives passed a number of bills that challenged Roe and were passed in 1973 in hopes of getting the court to reconsider its previous precedents. With the people appointed by Trump, the nation’s Supreme Court now has a Conservative majority of 6-3.

The struggle for abortion revitalized the confirmation hearings for Barrett, a devout Catholic who, after the death of the liberal judiciary, was the favorite among anti-abortion groups to seek the success of Justice Ruth Bader Ginsburg.

While Barrett has not made her exact legal views on abortion clear from the bank, the Democrats have taken up her earlier comments identifying aborted fetuses as “unborn victims” among other potential harbingers of their views.

The other two Trump nominees on the bench, Justices Neil Gorsuch and Brett Kavanaugh, voted last June to allow a restrictive abortion law to come into effect for Louisiana in the first major reproductive rights case before them. Chief Justice John Roberts, a Conservative, sided with the Liberals in the 5-4 decision that blocked the law.

In a statement, Center for Reproductive Rights President Nancy Northup said: “Alarm bells are ringing loudly about the threat to reproductive rights.”

The Center for Reproductive Rights represented the abortion clinic alongside the Paul Weiss law firm and the Mississippi Center for Justice.

“The consequences of a Roe reversal would be devastating. Over 20 states would directly ban abortion. Eleven states – including Mississippi – currently have trigger bans on the books that would immediately ban abortion if Roe is overturned,” Northup said.

Diane Derzis, owner of the Jackson Women’s Health Organization, said in a statement, “As the only abortion clinic in Mississippi, we see patients who spent weeks saving the money to travel here and pay for childcare for shelter.” and everything else. “

“If this ban went into effect, we would be forced to turn many of these patients away and they would lose their right to abortion in that condition,” Derzis said.

Fitch, the Mississippi attorney general, said the state legislature “enacted this law in accordance with the will of its constituents to promote the health of women and preserve the dignity and sanctity of life.”

“I continue to advocate for women and defend Mississippi’s legal right to protect the unborn,” she said.

Anti-abortion groups welcomed the Supreme Court move. Susan B. Anthony List President Marjorie Dannenfelser said the court’s decision to hear the case was a “landmark opportunity,” citing the enormous number of bills recently passed to improve access to abortion to restrict.

“Across the country, state lawmakers acting according to the will of the people have introduced 536 pro-life bills aimed at humanizing our laws and challenging the radical status quo imposed by Roe,” she said.