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Abortion “is part of the fabric of women’s existence in this country”

Supreme Court Justice Elena Kagan said on Wednesday abortion was “part of the fabric of women’s existence in this country” as she tried to defend the 1973 law Roe vs. Wade previous in the Dobbs v. Jackson Women’s Heath Organization Case.

Kagan took a strong stand with Mississippi Solicitor General Scott G. Stewart, who appeared in oral argument in court to defend Mississippi’s controversial 2018 law banning abortion, including in rape and abuse cases. incest, before 15 weeks of pregnancy.

She said the Court should avoid giving the impression that it was only a political body (without acknowledging that Roe deer had created this expectation himself) and argued that little has changed since Roe deer and Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) to change the principles involved.

In response, Stewart said that if nothing, in fact, had changed, it was a point against Roe deer and Caseybecause they “have no basis in the Constitution”.

He highlighted the dissent of Justice John Marshall Harlan in Plessy v. Ferguson (1896), a case in which the Court authorized racial segregation, and Harlan had said: “In matters of civil rights, all citizens are equal before the law.

The rights in question, he said, did not belong only to women but also to unborn children, and which the people, not the judges, should decide on the balance.

Solicitor General Elizabeth Prelogar took a similar stance to Kagan, saying abortion has been recognized since Roe deer as a “fundamental” right, which should not be subject to the whims of state legislatures, but protected across the country.

Both Kagan and Judge Sonia Sotomayor emphasized the idea that women have the right to bodily integrity. Likewise, Prelogar described abortion restrictions as “forcing” a woman to use her body to carry a child at birth, against her will and her rights.

Joel B. Pollak is Senior Editor at Breitbart News and the host of Breitbart News Sunday on Sirius XM Patriot Sunday evenings from 7 p.m. to 10 p.m. ET (4 p.m. to 7 p.m. PT). He is the author of the recent eBook Ni Free ni Fair: The 2020 US Presidential Election. His latest book, RED NOVEMBER, tells the story of the 2020 Democratic presidential primary from a conservative perspective. He is the 2018 Robert Novak Journalism Alumni scholarship recipient. Follow him on Twitter at @joelpollak.

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