Could the liberal Left’s worst nightmare when it comes to abortion be coming true following the recent hard fought battle by the Left to prevent U.S. Supreme Court Justice Brett Kavanaugh from being appointed to the highest court in the land? Alabama may be hoping that now is the time to challenge Roe v. Wade.
On Tuesday, Alabama petitioned the Supreme Court to hear a case involving the Child Protection from Dismemberment Act, a 2016 law that bans late-term abortion procedures that many on the Right call “dismemberment abortion.”
The clinical term, “dilation and evacuation,” involves dismembering the fetus while he or she is still alive and vacuuming out the remains.
Common side effects of an evacuation include nausea, bleeding, and cramping which may last for two weeks following the procedure.
Pro-choice advocates argue that the procedure is necessary in rare cases during the 15th to 18th week of pregnancy and there is no feasible alternative.
Statistics show that during 2012, 92% of abortions were performed before 14 weeks’ gestation, 6% between 14–20 weeks, and 2% (n=96) at a later stage.
The 11th U.S. Circuit Court of Appeals previously upheld the decision of a U.S. District Court judge in striking down the statute.
Two of the three judges on the 11th Circuit panel indicated that they believed Roe v. Wade had been wrongly decided and encouraged the Supreme Court to hear the Alabama case.
Attorneys representing the state of Alabama wrote in their notice to the Supreme Court that:
“The constitutionality of a state ban on dismemberment abortion is an important question of national significance. Litigation over similar abortion laws is pending in several other courts.”
But will the Supreme Court choose to take up the case?
It is uncertain due to the fact that the Supreme Court hears less than one percent of the cases it receives.
In addition, Chief Justice John Roberts may not want to make it appear that the Supreme Court is showing favoritism to the Trump administration by considering an abortion case so soon after Kavanaugh joined the Court.
However, if the Court does decide to take the Alabama case it could limit its focus to those issues specifically concerning “dilation and evacuation” during the 15th to 18th week of pregnancy and leave the remainder of Roe v. Wade intact.
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