If signed into law, an Alabama bill banning nearly all abortions will face legal challenges, giving the conservative-majority Supreme Court the final say
WASHINGTON/NEW YORK - A bill passed by Alabama legislators that would outlaw nearly all abortions in the state is the strictest such measure in the United States. If signed into law, it will face legal challenges and put the focus on the conservative-majority U.S. Supreme Court, the final stop on all roads in the fight over abortion.
Alabama Governor Kay Ivey on Wednesday was mulling whether to sign the law, part of an accelerating effort by some states and anti-abortion activists to get the Supreme Court to reconsider its landmark 1973 ruling in Roe v. Wade holding that a woman has a constitutional right to abortion. If Ivey signs the bill, it would take effect in six months.
The retirement last year of Justice Anthony Kennedy, who co-authored the 1992 decision and joined the 2016 one, has given conservatives a new opening to challenge Roe. Kennedy was replaced by President Donald Trump’s conservative appointee Brett Kavanaugh, who has a thin record on abortion. The court has a 5-4 conservative majority.Before reaching the Supreme Court, the Alabama law would need to be challenged in federal district court.
As soon as Monday, the court could act on two appeals concerning abortion restrictions in Indiana. One requires fetal remains to be buried or cremated and bans abortions performed because of fetal disability or the sex or race of the fetus. The legal doctrine protects the court’s credibility by avoiding politicization and keeps the law evenhanded. However, the court can overrule its prior precedents if a majority of justices believe such action is warranted, in part because they believe the precedent had been wrongly decided.
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