Wednesday, August 17

Indicator of growing disrepute


Roe vs. Wade had an enormous impact in the United States and in all the countries of the so-called Western world. In 1973, when the judgment was handed down by the United States Supreme Court, the prestige of American jurisprudence was enormous. Incomparably superior to that of any other country in the world. Only the jurisprudence of the European Court of Human Rights could be compared to it.

The sentence of the Supreme Court known this past Saturday has rejected that the decision of the pregnant woman on the continuation or interruption of the pregnancy can be recognized as a constitutional right. In the United States there ceases to be a constitutional right to the interruption of pregnancy, and the legislature of each State may regulate said interruption as it sees fit. The interruption of pregnancy will only be possible in those States that expressly so decide. The interruption of pregnancy becomes a right of legal configuration by the legislator of each one of the fifty states that make up the United States.

According to reliable studies, public opinion is overwhelmingly in favor of it being the pregnant woman and not the legislator of each of the States who can decide whether to continue or interrupt the pregnancy. In the states controlled by the Democratic Party there is no doubt that women will be able to decide what they deem appropriate. On the contrary, in the states controlled by the Republican Party, either legislation has already been enacted to prohibit abortion or conditions have been set for its practice that make it practically impossible.

The sentence is going to be catastrophic for the Afro-American population in particular and for the poor population in general. It is going to contribute even more to the political polarization of the country and, consequently, it will not be possible to reach agreements of any kind on the main problems that the United States has to face.

But outside the United States the impact is going to be negligible. The prestige of the Supreme Court of the United States has been on the decline for a long time, but this price has plummeted since Donald Trump won the primaries in the Republican Party first and the presidency of the United States later. The spurious maneuvers through which the Republican majority in the Senate deprived Barack Obama of the appointment of a magistrate in his last year in office and made it possible for Donald Trump to appoint a magistrate a few months before the elections were held in those that Joe Biden won the presidency, have led to a Supreme Court with a conservative supermajority, from which any barbarity can be expected.

Fortunately, his constitutional doctrine is unlikely to have influence outside the United States. Everything that was positive for the prestige of the constitutional jurisprudence of the United States had the sentence of 1973, will be negative the sentence of this past Saturday.

It does not cease to be, in any case, one more step in the degradation process of democracy that we have been witnessing for several decades.



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