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Montana vote adds to win streak for abortion rights backers
U.S. Court News |
2022/11/11 14:43
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Abortion rights supporters secured another win Thursday as voters in Montana rejected a ballot measure that would have forced medical workers to intercede in the rare case of a baby born after an attempted abortion.
The result caps a string of ballot defeats, months after the Supreme Court’s decision overturning Roe v. Wade galvanized abortion-rights voters.
Michigan, California and Vermont voted to enshrine abortion rights in their state constitutions, and Kentucky voters rejected an anti-abortion amendment in a tally that echoed a similar August vote in Kansas.
Abortion rights groups said the outcomes show that voters across the political spectrum support access to abortion, even after a dozen Republican-governed states legislatures adopted near-total bans in the wake of the Roe decision. Anti-abortion groups, on the other hand, say they were outspent in the state races and point out anti-abortion candidate victories.
Like voters nationwide, only about 1 in 10 voters in California, Michigan, Montana Kentucky or Vermont said abortion should generally be illegal in all cases, according to AP VoteCast.
The Montana ballot measure would have raised the prospect of criminal charges carrying up to 20 years in prison for health-care providers unless they take “all medically appropriate and reasonable actions to preserve the life” of an infant born alive, including in the rare case of a birth after an abortion.
Doctors and other opponents argued the law could keep parents of babies born with incurable diseases from spending peaceful moments with their infants if doctors were forced to attempt treatment.
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Jackson, in dissent, issues first Supreme Court opinion
U.S. Court News |
2022/11/07 14:41
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New Justice Ketanji Brown Jackson has issued her first Supreme Court opinion, a short dissent Monday in support of a death row inmate from Ohio.
Jackson wrote that she would have thrown out lower court rulings in the case of inmate Davel Chinn, whose lawyers argued that the state suppressed evidence that might have altered the outcome of his trial.
Jackson, in a two-page opinion, wrote that she would have ordered a new look at Chinn’s case “because his life is on the line and given the substantial likelihood that the suppressed records would have changed the outcome at trial.”
The evidence at issue indicated that a key witness against Chinn has an intellectual disability that might have affected his memory and ability to testify accurately, she wrote.
Prosecutors are required to turn over potentially exculpatory evidence to the defense. In this case, lower courts determined that the outcome would not have been affected if the witness’ records had been provided to Chinn’s lawyers.
Justice Sonia Sotomayor was the only other member of the court to join Jackson’s opinion. The two justices also were allies in dissent Monday in Sotomayor’s opinion that there was serious prosecutorial misconduct in the trial of a Louisiana man who was convicted of sex trafficking.
Jackson joined the high court on June 30, following the retirement of Justice Stephen Breyer, her onetime boss.
The court has yet to decide any of the cases argued in October or the first few days of this month. Jackson almost certainly will be writing a majority opinion in one of those cases.
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Indiana Democrats pin legislative gains on abortion debate
Legal News Feed |
2022/11/03 13:49
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Even before Republican legislators this summer made Indiana the first state to pass an abortion ban since the U.S. Supreme Court overturned Roe v. Wade, Democrats started urging angry voters to take their revenge at the ballot box.
Indiana Democrats haven’t let up on that push in the final days of this year’s elections, although a limited number of competitive races on the Nov. 8 ballot for the currently Republican-dominated Legislature leave them with slim chances of being able to do much about abortion access that is also being debated during campaigns across the country.
Indiana Republicans, meanwhile, argue that voters are more worried about other issues such as inflation and crime — concerns widely believed to favor the GOP.
Democratic candidate Joey Mayer said the abortion ban has remained a top issue as she’s talked with voters in a northern Indianapolis suburban district where she’s challenging a four-term Republican House member who voted in favor of the ban when it passed in August.
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Same-sex marriage is now legal in all of Mexico’s states
U.S. Court News |
2022/10/27 13:57
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Lawmakers in the border state of Tamaulipas voted Wednesday night to legalize same-sex marriages, becoming the last of Mexico’s 32 states to authorize such unions.
The measure to amend the state’s Civil Code passed with 23 votes in favor, 12 against and two abstentions, setting off cheers of “Yes, we can!” from supporters of the change.
The session took place as groups both for and against the measure chanted and shouted from the balcony, and legislators eventually moved to another room to finish their debate and vote.
The president of the Supreme Court of Justice of the Nation, Arturo Zaldívar, welcomed the vote. “The whole country shines with a huge rainbow. Live the dignity and rights of all people. Love is love,” he said on Twitter.
A day earlier, lawmakers in the southern state of Guerrero approved similar legislation allowing same-sex marriages.
In 2015, the Supreme Court declared state laws preventing same-sex marriage unconstitutional, but some states took several years to adopt laws conforming with the ruling.
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