Justice Amy Coney Barrett Just Issued Her First Opinion In Abortion Case And Cast Doubt On Future Of Roe V. Wade
It was no secret that if the Republican Party and Donald Trump got their way with the Supreme Court, that women’s health and reproductive rights would be under attack. Well, Trump installed his new justice, Amy Coney Barrett, to the court in November and she’s just issued her first opinion in a case related to access to abortion.
Amy Coney Barrett handed a victory to the White House and Conservatives regarding abortion.
Since taking her seat on the Supreme Court in November, Justice Coney Barretts’ opinions have escaped much scrutiny. However, her latest opinion in an abortion-related case is drawing scrutiny from both the left and the right for clues of how she might rule in the future.
The decision, issued despite objection from the court’s more liberal judges, reinstates a requirement for patients to pick up the drug, mifepristone, in person. Three lower courts had blocked the Food and Drug Administration’s in-person pick-up requirement for mifepristone during the coronavirus pandemic, citing the risks of contracting COVID-19 at a doctor’s office or a hospital.
Julia Kaye, staff attorney at the American Civil Liberties Union Reproductive Freedom Project, called the court’s decision “chilling” and one that “needlessly” endangers “even more people during this dark pandemic winter.”
In an interview with NPR, she added that people of color, like Black and Latinx patients, are at particular risk for health risks posed by COVID-19. Requiring them to go to a doctor’s office in person to pick up the drug threatens the health and lives of those patients, she said.
It’s the first abortion-related decision since last year’s swearing in of Justice Amy Coney Barrett, whose presence on the high court bench ensured a new conservative majority. Abortion-rights advocates have been fearful of what a conservative majority could do to chip away at legal protections for abortion.
On the surface, this week’s abortion ruling is fairly minor but it has many women worried.
In its ruling, the Court didn’t release a majority opinion, which means that the case doesn’t explicitly change existing legal doctrine. And the case concerns a policy that the Biden administration could likely reverse after President-elect Joe Biden takes office.
But, when you read between the lines, the case – FDA v. American College of Obstetricians and Gynecologists – warns of a dark future for abortion rights and women’s health.
The premise of pro-abortion rights decisions like Roe v. Wade (1973) is that the Constitution provides special protection to the right to an abortion that it doesn’t provide to other elective medical procedures. Yet, as Justice Sonia Sotomayor explains in dissent, American College effectively rules that a commonly used abortion drug may be regulated more harshly than any other legal medication.
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