Supreme Court overturns Roe v. Wade in a historical review

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On Friday, the Supreme Court overturned Roe v. Wade, thus ending the recognition of a constitutional right to abortion and giving each state the power to authorize, limit or completely ban the practice.

The decision came in the opinion of the court in Dobbs v. Jackson Women’s Health Organization, which centered on a Mississippi law banning abortion after 15 weeks of pregnancy. The Republican-run state of Mississippi has asked the Supreme Court to overturn a lower court ruling that ended the 15-week abortion ban.

“We end this opinion where we began. Abortion poses a deep moral question. The Constitution does not prohibit the citizens of every state from regulating or prohibiting abortion. Roe and Casey arrogated that authority to themselves. We now reverse those decisions and return that authority to the people and their elected representatives,” Judge Samuel Alito wrote in the court notice.

Alito’s opinion began with an exploration and critique of Roe v. Wade and his conclusion that although states have “a legitimate interest in protecting ‘potential life,’ that interest was not strong enough to prohibit abortions before the time of fetal viability, understood to be about 23 weeks pregnant.

LIVE UPDATES: ROE V. WADE SUPREME COURT DECISION

A celebration outside the Supreme Court, Friday, June 24, 2022, in Washington.
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A celebration outside the Supreme Court, Friday, June 24, 2022, in Washington.
(AP Photo/Steve Helber)

“The Court did not explain the basis for this line, and even abortion proponents struggled to defend Roe’s reasoning,” Alito wrote.

Chief Justice John Roberts agreed the viability line “never made sense”, but said he would have taken “a more measured course” in this case. Rather than completely undoing Roe v. Wade, Roberts said he would have continued to recognize the right to have an abortion, and that the right should “extend far enough to guarantee a reasonable opportunity to choose, but need not extend further “.

The majority of the court took a stronger stance against Roe v. Wade and Planned Parenthood v. Casey, believing “Roe and Casey should be canceled”.

MORE THAN 2 DOZEN STATES TO RESTRICT ABORTIONS AFTER ROE V. WADE ANNULMENT

“The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which Roe and Casey’s defenders now primarily rely – the Due Process Clause. of the Fourteenth Amendment,” Alito wrote.

The Court’s opinion acknowledged that the Due Process Clause of the Fourteenth Amendment has proven to guarantee certain rights that are not set forth in the Constitution, but that those rights are “deeply rooted in the history and tradition of this nation”. Abortion, the Court said, “does not fall into this category” because “such a right was totally unknown in American law” until the end of the 20th century.

Opinion went on to shred the Roe decision, saying it “was patently wrong from the start” and that “[i]his reasoning was exceptionally weak[.]”

Rather than continuing the tradition established by Roe and Case, the Court wrote that it “is time to heed the Constitution and return the issue of abortion to the elected representatives of the people.”

ABORTION RIGHTS EXPAND IN BLUE STATES AFTER ROE V. WADE OVERRIDE

The notice comes after a leak of a February draft notice quashing Roe sparked national debate and promoted protests by pro-choice activists at the homes of the six Tory justices. Additionally, dozens of pro-life pregnancy centers have been vandalized since the op-ed, Catholic churches have been targeted for protests and unrest, and a suspect has been charged with attempted murder for allegedly attempting to assassinate Judge Brett Kavanaugh.

People demonstrate against abortion, Friday, June 24, 2022, outside the Supreme Court in Washington.

People demonstrate against abortion, Friday, June 24, 2022, outside the Supreme Court in Washington.
(AP Photo/Steve Helber)

At least 13 Republican-led states have already passed “trigger laws,” in the event Roe is overthrown, that would immediately restrict abortion access.

PENCE SAYS ‘SAINTITY OF LIFE’ WILL IGNITE ‘RENEWED EXCITEMENT’ FOR REPUBLICANS IN THE MEDIUM TERM

Georgia, Iowa, Ohio and South Carolina all have laws banning abortions after the six-week mark, which have been ruled unconstitutional but would likely be reconsidered if Roe is overturned, the Guttmacher Institutea pro-abortion research group, reported.

On the other hand, choice advocates will have to work to codify Roe or enact looser restrictions on abortion through state-level legislation.

New York passed a bill in 2018 to codify Roe, and other blue states are expected to follow suit after the Supreme Court ruling.

SUPREME COURT’S ROE V. WADE DECISION: READ THE DOBBS V. JACKSON WOMEN’S HEALTH DECISION

Public opinion polls have also indicated that despite the fact that more than six in 10 registered voters believe the court should uphold Roe, the majority of Americans support some abortion restrictions.

Demonstrators protest abortion outside the Supreme Court in Washington, Friday, June 24, 2022.

Demonstrators protest abortion outside the Supreme Court in Washington, Friday, June 24, 2022.
(AP Photo/Jacquelyn Martin)

When Americans were asked in a recent Fox News poll how they would feel if a law banning abortion after 15 weeks were passed in their state, just over half of voters supported it (54%). while 41% opposed it.

At the federal level, the Senate failed to advance a bill to codify federal abortion protections in Roe v. Wade within a week of the project leaking.

Vice President Kamala Harris presided over the vote on the Women’s Health Protection Act. He needed 60 votes to advance but died in a 51-49 tally, with Democratic West Virginia Sen. Joe Manchin joining 50 Republicans in voting no.

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WASHINGTON DC - JUNE 23: In the Supreme Court on Thursday morning ahead of a possible announcement on Dobbs v.  jackson

WASHINGTON DC – JUNE 23: In the Supreme Court on Thursday morning ahead of a possible announcement on Dobbs v. jackson
(Photo by Joshua Comins/Fox News)

The Democratic campaign guns have already signaled that abortion will be a key issue heading into midterms and will galvanize their base. Republicans are widely confident that “life health” issues will generate renewed enthusiasm for conservative candidates running for office at the state level.

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