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Inspired by President George W Bush’s appointment of two conservative justices, John Roberts and Samuel Alito, to the Supreme Court, several states have seized the opportunity to overturn their local laws.
The Mississippi bill proposes to ban abortion unless the mother’s life is in danger or unless she is a victim of rape or incest. It has passed through the state’s House of Representatives and will now go to a Senate vote. Haley Barbour, the Republican governor, has promised to sign the bill into law.
South Dakota approved an even more restrictive anti-abortion bill last month, allowing no exceptions for rape and incest. Its governor is considering whether to sign the bill “If there is rape, it really is an injustice to that woman,” said Roger Hunt, the bill’s sponsor. “But there are remedies for that woman. Family, friends, pregnancy crisis centres are there to help her, as well as adoption procedures to assist her. But the unborn child whose life is terminated has no remedy.”
Two anti-abortion bills were filed last week in Missouri and there are further plans for legislation in Ohio, Indiana, Tennessee, West Virginia and Kentucky.
Some US pro-life groups are concerned that midwestern states are moving too fast without a clear strategy. They fear a case may end up reaching the Supreme Court prematurely and may prompt a verdict that would extend abortion rights.
The current make-up of the Supreme Court justices still largely favours retaining Roe v Wade. But some pro-life activists point to the potential replacement of one justice, John Paul Stevens, who turns 86 next month, as a reason to challenge the law now. One more social conservative on the court could tip the balance towards a national ban.
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