Please ensure Javascript is enabled for purposes of website accessibility
Supreme Court Throws Abortion Fight Into Center of Midterms
gvw_ap_news
By Associated Press
Published 3 years ago on
May 18, 2021

Share

WASHINGTON — In agreeing to hear a potentially groundbreaking abortion case, the Supreme Court has energized activists on both sides of the long-running debate who are now girding to make abortion access a major issue in next year’s midterm elections.

For many evangelicals, the case could serve as a validation of more than four decades of persistent work and a sometimes awkward relationship with former President Donald Trump, whose three Supreme Court appointments sealed a 6-3 conservative majority. If those justices unite to uphold a Mississippi law banning abortion after 15 weeks of pregnancy, it would mark a first step toward the possible demise of the 1973 Roe v. Wade decision, which established a nationwide right to abortion at any point before a fetus can survive outside the womb, roughly 24 weeks.

Abortion rights advocates, meanwhile, are urgently warning that the case is the biggest threat to decades of rulings that have consistently upheld, with some caveats, a woman’s constitutional right to decide whether to end her pregnancy.

Since the Roe decision, abortion has become a defining theme in American politics, emerging as the sole issue that some voters use to assess which candidates they’ll support. The Mississippi case could emerge as another turning point — with unpredictable results. Abortion opponents may become further emboldened if their long-desired goal moves closer to reality, while an unfavorable decision could spur supporters to intensify calls for dramatic changes to the judiciary.

For now, both sides say they are fully engaged.

Decision Likely to Come in Spring 2022

“This is huge — it’s saying that for the first time in a long time that we have a pro-life majority on the Supreme Court,” said Katherine Beck Johnson, a lawyer with the conservative Family Research Council. “It will encourage the voting base to get out and vote Republican.”

Jennifer Dalven, director of the American Civil Liberties Union’s Reproductive Freedom Project, said the high court’s decision to hear the case was “really alarming.”

“For more than 40 years the Supreme Court has said states can’t ban abortion prior to viability,” Dalven said. “There is simply no way for the court to rule for Mississippi without gutting Roe v. Wade.”

The case probably will be argued in the fall, with a decision likely in the spring of 2022 during the campaign for congressional midterm elections. Many abortion-rights groups urged their supporters to start mobilizing now.

“There’s never been a more important time to elect Democratic pro-choice women to local and national office,” said one of those groups, Emily’s List. “If the Supreme Court strikes down Roe v. Wade, we’ll need all the help we can get.”

Demise of Roe V. Wade Opens More Abortion Restrictions

Even if the court does not explicitly overrule Roe, a decision favorable to Mississippi could lay the groundwork for allowing more restrictions on abortion. Bills have been enacted in multiple Republican-governed states that would ban abortion as early as six weeks, and also in cases where a decision to abort was based solely on a diagnosis of Down syndrome.

Nationwide polls have repeatedly shown that most Americans support the premise of Roe v. Wade. An April poll from the Pew Research Center found that 59% of Americans think abortion should be legal in most or all cases, while 39% think it should be illegal in most or all cases.

Some abortion opponents, noting those surveys, are skeptical that the Supreme Court would fully overturn Roe.

“The Supreme Court has never led public opinion but followed it when it comes to major issues like slavery, gay marriage and women’s rights,” said the Rev. Robert Jeffress, a Dallas megachurch pastor who has been a close ally of Trump.

“As long as 70% of the American people oppose the overturn of Roe, it will never happen,” he said. “Realistically, conservatives can hope that the court uses the Mississippi case to chip away at unrestricted abortion in our country.”

Charles Camosy, a professor of theological and social ethics at Fordham University, also acknowledged those poll findings. But he noted that the Gallup poll has repeatedly found that more than two-thirds of Americans say abortion should be illegal after the 12th week of pregnancy — a time frame that is in force in several European countries.

“I doubt the court’s majority is willing to totally undo the legal right to abortion,” he said. “More than likely is they will rule that a 15-week limitation does not pose an undue burden on a woman’s right to abortion.”

Unpredictability of Supreme Court Rulings

White evangelicals, who remain among Trump’s most loyal backers, had celebrated his overhaul of the federal courts and his reshaping of the Supreme Court as perhaps his greatest accomplishment. But there remains trepidation after the court surprised them by failing to rule their way in past cases.

“Trying to predict what the Supreme Court is going to do on a state statute on abortion regulation is like trying to predict the path of a hurricane, only more difficult, because there are a lot of things at play,” said Ralph Reed, chair of the Faith and Freedom Coalition and a longtime ally of Trump.

Reed acknowledged that abortion is only a top issue for a small minority of voters but argued that in many competitive congressional and gubernatorial elections, “it could theoretically be the difference.”

“It’s not necessarily the issue that ranks highest in terms of determining one’s vote, but it still matters in terms of intensity and enthusiasm,” he said.

Among 2022 U.S. Senate races where the issue could be a key factor are those in Pennsylvania, North Carolina, Georgia and Florida.

If the Mississippi ban is upheld, “pro-lifers would be energized,” said Michael New, an abortion opponent who teaches social research at Catholic University of America.

“It would show that the strategy of supporting pro-life candidates for the presidency resulted in a Supreme Court that was sympathetic to legal protections to preborn children,” he said. “Pro-life state legislators in other states would likely pass similar 15-week abortion bans, confident that these bans would also be upheld.”

Pro-Lifers Optimistic of Progress

The Rev. Albert Mohler, president of the Southern Baptist Theological Seminary, said he was optimistic the Mississippi ban would be upheld, giving abortion-rights groups a chance to mobilize their supporters with warnings of Roe’s demise while infusing abortion opponents with a new sense of optimism.

“Pro-life voters are looking for progress,” Mohler said. “What serves to deflate the vote of pro-life Americans is frustration at the impression of the lack of progress.”

Mallory Quigley of the Susan B. Anthony List, which seeks to elect anti-abortion candidates, predicted the issue would be a “huge motivator on both sides” going into the midterms.

As far as Republicans, she said, “It’s motivating to see how past electoral choices are impacting policy today and then moving forward, what more is to be done.”

Abortion-rights supporter Kelly Baden of the State Innovation Exchange, a strategy center for state legislators who champion progressive values, said the wave of anti-abortion legislation in Republican-led states “shows how much we’ve already lost and how dire our circumstances already are.”

“But we have the power to take it back,” she said. “If and when the courts let us down, we can and must show up at the voting booth.”

RELATED TOPICS:

DON'T MISS

FUSD Trustees Name Misty Her as Interim Superintendent. National Search Yet to Start

DON'T MISS

Gov. Newsom Appoints Judges for Fresno, Merced Counties

DON'T MISS

Assemblymember Soria Dodges Questions About Defamation Lawsuit

DON'T MISS

Israel Briefs US on Evacuation Plan for Palestinians Ahead of Planned Rafah Assault

DON'T MISS

Canadian Police Make 3 Arrests in Sikh Separatist’s Slaying That Sparked a Spat with India

DON'T MISS

Three Arrested for Trespassing, Posting Flyers at Fresno Synagogue and Church

DON'T MISS

As They Search for a Superintendent, Fresno Trustees Flunk Econ 101

DON'T MISS

Universities Negotiate End to Protests, Open Dialogue on Investment Policies

DON'T MISS

Fresno Approves Hydrogen Contract for New Buses. How Far is the Filling Station?

DON'T MISS

Heavy Rains Over Texas Have Led to Water Rescues, School Cancellations and Orders to Evacuate

UP NEXT

Merced’s Treacherous ‘Tunnel Lane’ Removed from Northbound Highway 99

UP NEXT

US Airstrike Targeting Al-Qaida Leader in Syria Killed a Farmer, American Military Says

UP NEXT

Another State Department Official Resigns Over Biden’s Gaza Policy

UP NEXT

Senators Want Limits on Government’s Use of Facial Recognition Technology for Airport Screening

UP NEXT

Biden Says ‘Order Must Prevail’ on Campuses, but He Won’t Send National Guard

UP NEXT

Police Dismantle UCLA Tent Camp, Take Pro-Palestinian Protesters Into Custody

UP NEXT

Fresno State’s Randa Jarrar Dragged Out of Event Featuring Big Bang Theory’s Mayim Bialik

UP NEXT

Trump Calls Judge ‘Crooked’ After Facing a Warning of Jail Time if He Violates a Trial Gag Order

UP NEXT

Biden’s Historic Marijuana Shift Is His Latest Election Year Move for Young Voters

UP NEXT

The Latest | In Israel, Blinken Pushes Hamas to Agree on Gaza Cease-Fire Deal

Israel Briefs US on Evacuation Plan for Palestinians Ahead of Planned Rafah Assault

4 hours ago

Canadian Police Make 3 Arrests in Sikh Separatist’s Slaying That Sparked a Spat with India

5 hours ago

Three Arrested for Trespassing, Posting Flyers at Fresno Synagogue and Church

5 hours ago

As They Search for a Superintendent, Fresno Trustees Flunk Econ 101

5 hours ago

Universities Negotiate End to Protests, Open Dialogue on Investment Policies

6 hours ago

Fresno Approves Hydrogen Contract for New Buses. How Far is the Filling Station?

8 hours ago

Heavy Rains Over Texas Have Led to Water Rescues, School Cancellations and Orders to Evacuate

8 hours ago

Google, Justice Department Make Final Arguments About Whether Search Engine is a Monopoly

8 hours ago

Anchovy Feast Draws the Most Sea Lions to SF’s Fisherman’s Wharf in 15 Years

8 hours ago

Captain Sentenced to 4 Years for Criminal Negligence in Fiery Deaths of 34 Aboard Scuba Boat

8 hours ago

FUSD Trustees Name Misty Her as Interim Superintendent. National Search Yet to Start

In a show of unity that has been absent in the Fresno Unified boardroom for more than a month, trustees voted 7-0 to appoint Deputy Superint...
Local Education /

2 hours ago

Local Education /
2 hours ago

FUSD Trustees Name Misty Her as Interim Superintendent. National Search Yet to Start

3 hours ago

Gov. Newsom Appoints Judges for Fresno, Merced Counties

4 hours ago

Assemblymember Soria Dodges Questions About Defamation Lawsuit

4 hours ago

Israel Briefs US on Evacuation Plan for Palestinians Ahead of Planned Rafah Assault

5 hours ago

Canadian Police Make 3 Arrests in Sikh Separatist’s Slaying That Sparked a Spat with India

5 hours ago

Three Arrested for Trespassing, Posting Flyers at Fresno Synagogue and Church

5 hours ago

As They Search for a Superintendent, Fresno Trustees Flunk Econ 101

6 hours ago

Universities Negotiate End to Protests, Open Dialogue on Investment Policies

MENU

CONNECT WITH US

Search

Send this to a friend