The U.S. Supreme Court is seen early Tuesday, May 3, 2022 in Washington.By a 7-2 vote, the Supreme Court in Roe v. Wade in 1973 established a constitutional right to abortion, striking down laws in many states that had banned the procedure. The court said states could not ban abortions before fetal viability, the point at which the fetus can survive outside the womb. That was around 28 weeks at the time; because of improvements in medical technology, it is around 23 weeks now.
Justice Ruth Bader Ginsburg, a strong supporter of abortion rights who died in 2020, expressed qualms about Roe over the years. “The legislatures all over the United States were moving on this question,” she added. “The law was in a state of flux.”“The Supreme Court’s decision was a perfect rallying point for people who disagreed with the notion that it should be a woman’s choice,” Ginsburg said. “They could, instead of fighting in the trenches legislature by legislature, go after this decision by unelected judges.
“It is not constitutional law,” he said of the decision, “and gives almost no sense of an obligation to try to be.”
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