Sfide (epocali?) generate dalla State Abortion Legislation 2021 statunitense: ‘Critical Oral Arguments’ dinanzi alla Corte Suprema

(Historical?) Challenges engendered by the U.S. State Abortion Legislation 2021: ‘Critical Oral Arguments’ before the US Supreme Court

Abstract

In 2021, several American States have passed legislation with a record number of restrictions on abortion rights, thus outlining the most devastating state legislative session for abortion rights in the U.S. history. The widespread increase of lawsuits is challenging the states’ legal restrictions, both at state and federal levels, and deserves a peculiar concern especially focusing on the two antiabortion laws (in the States of Texas and Mississippi) debated during the very recent and expected oral arguments before the U.S. Supreme Court. The ongoing phenomenon is bringing back to new light the everlasting importance of keeping monitoring the dynamics of contemporary state legislators, aimed to overrule historical judicial precedents (Roe and Casey), and the actual application of the stare decisis. Questioning the emerging conflict for abortion rights in a very divisive context, some critical issues push to retrieve the balance between legislators and courts, up to challenging the Supreme Court as the institutional player in the transitional scenario of a contemporary democracy.