The current right to abortion rests primarily on two cases: Planned Parenthood v. Casey, a 5-4 decision in 1992 which concluded that states could not enact laws that constitute an “undue burden” on the right to abortion, including bans before fetal viability, and the landmark ruling of 1973 Roe v. Wade, who first established the right to abortion.
The division on Capitol Hill is as partisan as it has long been. In briefs, 231 Republican members of Congress combined urged the Supreme Court to overturn Roe and Casey, while 236 Democratic members of Congress, as well as the Biden administration, urged otherwise.
The Mississippi affair looks set to spark a division, regardless of the decision taken. Carrie Severino, former clerk of Judge Clarence Thomas, said any decision in the case would cause a huge explosion in American culture, but there is little room for compromise in the case.
“I don’t think anyone has provided me with a clear explanation as to how, under existing Supreme Court precedents, you could possibly survive a 15-week abortion ban,” said Severino, a lawyer. chief and policy director of the Judicial. Crisis Network, said last week at a Federalist Society roundtable on the court’s new mandate.
In the other major case, scheduled for oral argument in November, a gun rights group is appealing a ruling that upheld the New York process that denies the vast majority of port permit applications concealed. In Congress, Democratic gun control efforts – following a series of mass shootings at schools, concerts and grocery stores – have met a Republican roadblock in the Senate.