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* Brenden Moore…
The Supreme Court announced Monday that it would hear a case from Mississippi challenging Roe v. Wade, the landmark 1973 decision that established a constitutional right to an abortion. Regardless of that outcome, abortion access will likely continue uninterrupted in Illinois due to a series of laws enacted in recent years in anticipation of a federal rollback.
“The Reproductive Health Act does protect a person’s right to make the decision about a pregnancy and while I can’t predict what the Supreme Court would say, it would be our expectation that the Reproductive Health Act would still provide protections here in Illinois,” said Brigid Leahy, senior director of public policy at Planned Parenthood Illinois. […]
“One of the reasons Roe v. Wade needs reviewed, is even proponents of abortion recognize it’s not a well-written decision,” [Bishop Thomas Paprocki of the Diocese of Springfield] said. “The court said (at the time) that we need not resolve the difficult question of when life begins, but that is the question. They sidestepped the question and said they’re just not going to answer it.”
Because of that, he said, it leaves the possibility of regulation open, such as when a fetus is viable. That is widely accepted as during the third trimester, though in practice it has usually been interpreted to allow abortion at any point in the pregnancy.
“Where do you draw the line?” Paprocki said. “The Catholic Church would argue conception (is where to draw it), but even 15 weeks would be an improvement on what we currently have.”
The RHA was passed with the possibility in mind that the Supreme Court would eventually invalidate Roe v. Wade.
* AP…
The case is an appeal from Mississippi in which the state is asking to be allowed to ban most abortions at the 15th week of pregnancy. The state is not asking the court to overrule Roe v. Wade, or later cases that reaffirmed it.
But many supporters of abortion rights are alarmed and many opponents of abortion are elated that the justices could undermine their earlier abortion rulings. If the court upholds Mississippi’s law, it would be its first ratification of an abortion ban before the point of viability, when a fetus can survive outside the womb. Such a ruling could lay the groundwork for allowing even more restrictions on abortion. That includes state bans on abortion once a fetal heartbeat is detected, as early as six weeks.
If Mississippi wins, it gets to enforce its 15-week ban, which lower courts have so far prohibited. In addition, other conservative states would certainly look to copy Mississippi’s law. A decision that states can limit previability abortions would also embolden states to pass more restrictions, which some states have already done and which are already wrapped up in legal challenges. Challenges to those limits would continue.
That said, the immediate practical impact of a win for Mississippi could be muted. That’s because more than 90% of abortions take place in the first 13 weeks of pregnancy, according to the U.S. Centers for Disease Control and Prevention.
* Forbes…
California, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Nevada, New York, Oregon, Rhode Island, Vermont and Washington have all enacted state laws that explicitly protect the right to an abortion, which will remain in effect in the event that Roe is overturned.
* The Southern…
State Rep. Patrick Windhorst, R-Metropolis, was encouraged to see the U.S. Supreme Court take up the appeal.
“I think the Mississippi law should be allowed to stand,” he said, adding that we will know more once the case is heard.
Windhorst would be like to see the court overturn 50-year-old Roe v. Wade decision and 30-year-old Casey decision that gave and affirmed a woman’s right to seek an abortion.
He has sponsored legislation in the past in Illinois to limit abortions to 20 weeks except in the case of serious health issues of the mother.
“If the court was to overturn Roe v. Wade, it would leave the issue up to the states to determine what freedoms or restrictions to apply to abortion,” Windhorst said. “If the court were to uphold the Mississippi statute, my colleagues and I would look at whether some similar legislation could pass in Illinois.”
…Adding… Planned Parenthood Illinois Action…
We are disappointed, but not surprised that the Supreme Court announced it will review Mississippi’s 15-week abortion ban, which is a direct challenge to Roe v. Wade. With the conservative-majority Supreme Court, anti-abortion legislatures and governors have become even bolder in their attacks on essential health care.
Illinois passed the Reproductive Health Act in 2019, which recognizes the full range of reproductive health care as a fundamental right and ensures abortion will remain legal in our state even if Roe v. Wade is overturned. While we are grateful for this additional protection, it does not safeguard our residents from all threats to our reproductive rights.
Importantly, Illinois also serves as a safe haven for surrounding states, many of which have increasingly restrictive laws that create medically unnecessary barriers for people seeking abortions and other essential health care. If the Supreme Court allows the Mississippi abortion ban to stand, it would put reproductive health care in jeopardy nationwide. And it would create inequity for abortion care, making where you live and how much money you make determine what health care you can access. We will never stop our fight to help everyone have access to the essential health care they need and deserve.
* Related…
* Pritzker addresses Illinois abortion rights as U.S. Supreme Court to hear Roe v. Wade challenge
posted by Rich Miller
Tuesday, May 18, 21 @ 3:21 am
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“Thanks Bruce Rauner”
Comment by Oswego Willy Tuesday, May 18, 21 @ 9:13 am
My body, my choice. Hasn’t that been the hill to die on for anti-mask conservatives. I guess “choice” only matters when it affects an old angry white guy’s decision whether or not to stop the spread of a worldwide pandemic.
to the post: I think it’s pretty clear what SCOTUS is going to do. The Court was packed by McConnell for this very reason.
Comment by Steve Rogers Tuesday, May 18, 21 @ 9:17 am
Would be interesting to see what people like Bailey, Kinzinger and Davis think about the possibility of the Supreme Court invalidating Roe. Although I’m guessing we already know what Bailey believes.
Comment by uialum Tuesday, May 18, 21 @ 9:41 am
“my colleagues and I would look at whether some similar legislation could pass in Illinois.”
LOL
Comment by SaulGoodman Tuesday, May 18, 21 @ 9:45 am
Paprocki is really skirting the line with “Thou shalt not bear false witness” there. I can’t think of one supporter who wants Roe v Wade reviewed by this court.
Comment by Jibba Tuesday, May 18, 21 @ 9:45 am
“The Court was packed by McConnell for this very reason.”
Eh… I think McConnell cares A LOT more about SCOTUS decisions that impact his donors, uh, I mean, businesses, than he does about Roe.
Comment by SaulGoodman Tuesday, May 18, 21 @ 9:46 am
Paprocki….like the Cubs announce? anyway, so we will be fine in Illinois. but this legal effort is an assault on women’s agency. it is despicable and can have not just implications for states that were not proactively pro choice, but a wave of restrictions on women elsewhere get emboldened. it is despicable.
Comment by Amalia Tuesday, May 18, 21 @ 9:50 am
===“Where do you draw the line?” Paprocki said. “The Catholic Church would argue conception (is where to draw it), but even 15 weeks would be an improvement on what we currently have.”===
You have to love it when a person comes right out and says compromise is impossible and creating a situation where Satanists will be more associated with human rights than Catholics.
Comment by Candy Dogood Tuesday, May 18, 21 @ 11:17 am
Whether this case has any impact of Illinois is not really the issue. This case has the potential to subjugate millions of American girls and women each year, to ill-timed, unwanted pregnancies.
I have always believed if we were to force young men and their families to share equally (or even equitably) in the fiscal, emotional, and physical costs of raising the children these young men produce, we would be more supportive of choice at the national level. And if all men were compelled to share equally in the physical custodial care of the children they produce, we would reduce the number of cases dramatically.
But until then, “boys will not be culpable” (”boys will be boys”), will remain the unspoken rule of law, and girls and women will be subjugated to the will of boys and men.
It really doesn’t matter at the state level. This is a societal issue.
Comment by H-W Tuesday, May 18, 21 @ 11:30 am
===I think McConnell cares A LOT more about SCOTUS decisions that impact his donors, uh, I mean, businesses, than he does about Roe.===
McConnell has said his top priority is the NRA’s agenda.
Comment by Nick Name Tuesday, May 18, 21 @ 11:31 am
Per my first comment, Here is McConnell not caring at all about abortion when it comes to Supreme Court nominees:
https://tinyurl.com/da3dz3wu
Comment by Nick Name Tuesday, May 18, 21 @ 11:42 am
I would be shocked to see SCOTUS totally strike down abortion.
At the most they could rule that this is a power reserved to the states under the 10th Amendment.
Comment by Unconventionalwisdom Tuesday, May 18, 21 @ 11:53 am
@Unconventionalwisdsom:
Is that snark? Because Brett Kavanaugh, in his opinions, has repeatedly answered questions that were not asked in SCOTUS cases. Roger Taney tried to resolve the slavery issue in 1857, how did that work out?
Comment by Steve Rogers Tuesday, May 18, 21 @ 1:32 pm
No snark no no disguised opinionated comment. That is how I see it.
Comment by Unconventionalwisdom Tuesday, May 18, 21 @ 1:44 pm
==Paprocki….like the Cubs announce?==
Spelled the same, but *very* different people.
Bishop Paprocki was an accomplished amateur hockey player, though. They called him “The Holy Goalie”.
Comment by Arsenal Tuesday, May 18, 21 @ 1:49 pm
“Supreme Court decision likely won’t have any impact on Illinois abortion laws either way”
Promising to strike down Roe has been a very effective fundraising pitch for Republicans.
The idea that the GOP will just declare victory after Roe falls rather than fundraise behind a campaign to ban abortions nationwide feels like wishful thinking.
– MrJM
Comment by @misterjayem Tuesday, May 18, 21 @ 2:10 pm
The reality is the abortion issue is a fundraiser and vote turnout device for both political parties.
Comment by Unconventionalwisdom Tuesday, May 18, 21 @ 2:12 pm
another opportunity for Terry Cosgrove to insult State Rep. Avery Bourne.
Comment by Dark Sky Tuesday, May 18, 21 @ 3:06 pm
Research on fetus viability consistently points to 24 weeks. How does the Mississippi law rationalize 15 weeks? Is there new accepted viability research that changes the current data?
Comment by zatoichi Tuesday, May 18, 21 @ 3:15 pm
===At the most they could rule that this is a power reserved to the states under the 10th Amendment.===
Another competitive advantage for Illinois in the coming decades, like safety from sea level rise and water shortages.
Comment by Jibba Tuesday, May 18, 21 @ 3:25 pm
=== another opportunity for…===
Where is that?
Comment by Oswego Willy Tuesday, May 18, 21 @ 3:27 pm
===The idea that the GOP will just declare victory after Roe falls rather than fundraise behind a campaign to ban abortions nationwide feels like wishful thinking.
Exactly and such an effort to restrict abortions nationwide would very much impact Illinois. If Roe falls, there is nothing stopping a national law to ban abortion. Conservative activists and politicians long ago figured out that the claim the decision will just revert to the states is an easier sell.
Comment by ArchPundit Tuesday, May 18, 21 @ 4:10 pm