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The Tennessee Conservative [By Jason Vaughn] –
On Wednesday, December 1st, the United States Supreme Court heard oral arguments in the greatest challenge to Roe v. Wade since 1992.
Even though abortion has been debated for years in the Tennessee Legislature, one of our bordering state’s laws actually made it to the U.S. Supreme Court.
In Dobbs v. Jackson Women’s Health Organization, the State of Mississippi argued that its 15-week abortion ban should be upheld and that the Court should overturn its own precedent that abortion is a constitutional right until the point of viability.
Legal scholars have pinpointed Chief Justice Roberts and Justice Kavanaugh as the deciding votes in this case.
Will Brewer, Legal Counsel for Tennessee Right To Life, said “We were heartened to hear Justice Kavanaugh list a number of instances where the Supreme Court has overturned its own precedent when that precedent is egregiously wrong. Much like when the Court eventually overturned it’s ruling in Plessy v. Ferguson, which upheld segregation and minimized the humanity of African Americans, we are confident the Court similarly can use this case to overturn Roe, which minimizes the humanity of unborn children.”
Justice Kavanaugh also addressed how the Court should view the Constitution as “scrupulously neutral” on the regulation of abortion and let states decide the issue.
If the Court were to rule in this manner, then Tennessee law would prohibit abortions thanks to a measure the Tennessee General Assembly passed in 2019 which bans abortion if Roe v. Wade is overturned in whole or in part.
The eventual decision from the U.S. Supreme Court, which is expected to be released in June of 2022, would change how every state deals with abortions.
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The case, itself, is focused on Roe v. Wade and whether placing restrictions on abortions causes “undue burdens” on women.
Vanderbilt University professor Suzanna Sherry, who works in the area of Constitutional law, states that the U.S. Supreme Court could choose to overrule Roe v Wade or uphold the statute without overruling Roe v Wade.
If the Supreme Court decides to overrule Roe v Wade, then each State will be granted to the right to deal with abortions as they see fit.
However, if the Court decides to simply uphold the statute without overturning Roe v Wade, then it will be a case-by-case decision again.
A new Tennessee law is currently going through the appellate process. The law would ban abortions after six weeks if passed.
About the Author: Jason Vaughn, Media Coordinator for The Tennessee Conservative ~ Jason previously worked for a legacy publishing company based in Crossville, TN in a variety of roles through his career. Most recently, he served as Deputy Directory for their flagship publication. Prior, he was a freelance journalist writing articles that appeared in the Herald Citizen, the Crossville Chronicle and The Oracle among others. He graduated from Tennessee Technological University with a Bachelor’s in English-Journalism, with minors in Broadcast Journalism and History. Contact Jason at news@TennesseeConservativeNews.com