The laws just missed being struck down as unconstitutional -- by one vote. Seven judges of the Supreme Court --they're called ministers here -- voted to invalidate the anti-abortion provisions. They argue that states are not free to arbitrarily define when sustainable life begins since that question, in their view, is fundamentally a medical rather than a legal issue. They also contend that the laws interfere with a woman's decision to make decisions, together with her physician, which affect her own health and well-being. Those are classic arguments against anti-abortion legislation which have been presented in many countries over the years. In fact, they precisely summarize why the United States Supreme Court struck down most anti-abortion statutes in the U.S. 40 years ago.
The four dissenting ministers in this week's Mexican Supreme Court ruling found that the country's constitution -- as well as treaties and international legal principles implicitly if not expressly incorporated within it -- provide for the protection of life from the moment of conception. But although the dissenters were far outnumbered, their side still won -- because eight votes are necessary to rule unconstitutional the legislation of a state.
Yesterday one of the Court's two female justices, Olga Sánchez Cordero, was interviewed by a major national television network. She predicted, in net effect, that the issue will soon return to the Supreme Court, although in a different type of legal challenge -- one brought directly by a woman facing prosecution for getting or wanting to get an abortion. Minister Cordero made no secret of her own views on the issue, or of her belief that eventually, abortion will be legal throughout the country.
Abortion is lawful in Mexico's federal district up to 12 weeks. Some Mexican states have no abortion legislation at all.
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