{"id":37383,"date":"2022-06-24T12:38:29","date_gmt":"2022-06-24T16:38:29","guid":{"rendered":"https:\/\/thegeorgiasun.com\/?p=37383"},"modified":"2022-06-24T12:41:17","modified_gmt":"2022-06-24T16:41:17","slug":"roe-v-wade-overturned-by-supreme-court","status":"publish","type":"post","link":"https:\/\/thegeorgiasun.com\/?p=37383","title":{"rendered":"Roe v. Wade overturned by Supreme Court"},"content":{"rendered":"\n<p>The U.S. Supreme Court on Friday&nbsp;<a target=\"_blank\" href=\"https:\/\/www.supremecourt.gov\/opinions\/21pdf\/19-1392_6j37.pdf\" rel=\"noreferrer noopener\">overturned<\/a>&nbsp;the 1973 Roe v. Wade ruling that established abortion as a constitutional right.<\/p>\n\n\n\n<p>The decision by six of the Court\u2019s nine justices will allow each state to set its own abortion laws, leading to a patchwork of access throughout the country. The result is expected to be an uptick in the number of women traveling out of state for abortions, as well as unsafe abortions in states where the medical procedure will now be banned or heavily restricted.<\/p>\n\n\n\n<p>\u201cWe hold that Roe and Casey must be overruled,\u201d Justice Samuel Alito wrote in his opinion, joined by Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. Chief Justice John Roberts filed a separate opinion concurring in the judgment.<\/p>\n\n\n\n<p>\u201cThe Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely \u2014 the Due Process Clause of the Fourteenth Amendment,\u201d Alito continued.<\/p>\n\n\n\n<p>\u201cThat provision has been held to guarantee some rights that are not mentioned in the Constitution, but any such right must be \u2018deeply rooted in this Nation\u2019s history and tradition\u2019 and \u2018implicit in the concept of ordered liberty.\u2019\u201d<\/p>\n\n\n\n<p>Justice Stephen Breyer wrote the dissent in the case for himself, Elena Kagan and Sonia Sotomayor.<\/p>\n\n\n\n<p>\u201cWith sorrow \u2014 for this Court, but more, for the many millions of American women who have today lost a fundamental constitutional protection \u2014 we dissent,\u201d he wrote.<\/p>\n\n\n\n<p>The new status of abortion access on a state-by-state basis, Breyer wrote , \u201csays that from the very moment of fertilization, a woman has no rights to speak of. A State can force her to bring a pregnancy to term, even at the steepest personal and familial costs.\u201d<\/p>\n\n\n\n<p>Breyer later added, \u201cWhatever the exact scope of the coming laws, one result of today\u2019s decision is certain: the curtailment of women\u2019s rights, and of their status as free and equal citizens.\u201d<\/p>\n\n\n\n<p>Twenty-two states have laws that would restrict when and how a patient can terminate a pregnancy,<a target=\"_blank\" href=\"https:\/\/www.guttmacher.org\/state-policy\/explore\/abortion-policy-absence-roe\" rel=\"noreferrer noopener\">&nbsp;according to the Guttmacher Institute<\/a>, a reproductive health and rights organization.<\/p>\n\n\n\n<p>Arizona, Michigan and Wisconsin are among the 10 states that have pre-Roe abortion bans that are now expected to take effect. Thirteen states \u2014 including Idaho, Louisiana, Missouri and Tennessee \u2014 have laws enacted since Roe that will be \u201ctriggered\u201d by the court\u2019s decision.<\/p>\n\n\n\n<p>A dozen states, including Maine, Maryland, Nevada and Washington, have laws that would protect abortion access up to the point of viability, usually 22 to 24 weeks into a pregnancy.<\/p>\n\n\n\n<p>Colorado, the District of Columbia, New Jersey, Oregon and Vermont have laws that protect abortion access throughout a pregnancy, according to the Guttmacher Institute.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">Thomas targets birth control, same-sex marriage<\/h4>\n\n\n\n<p>Justice Thomas wrote his own concurring opinion, arguing that since the court has overturned the constitutional right to an abortion, which was grounded in the 14th Amendment and the due process clause, other cases that have been rooted in the same right to privacy could all be reconsidered.<\/p>\n\n\n\n<p>Those include:<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>The Griswold v. Connecticut&nbsp;<a target=\"_blank\" href=\"https:\/\/supreme.justia.com\/cases\/federal\/us\/381\/479\/\" rel=\"noreferrer noopener\">case<\/a>&nbsp;from 1965 that said states couldn\u2019t bar married couples from making private decisions about birth control use.<\/li><li>The Lawrence v. Texas&nbsp;<a target=\"_blank\" href=\"https:\/\/supreme.justia.com\/cases\/federal\/us\/539\/558\/\" rel=\"noreferrer noopener\">case<\/a>&nbsp;from 2003 that said states couldn\u2019t criminalize consensual sexual relations between same-sex partners.<\/li><li>The Obergefell v. Hodges&nbsp;<a target=\"_blank\" href=\"https:\/\/www.supremecourt.gov\/opinions\/14pdf\/14-556_3204.pdf\" rel=\"noreferrer noopener\">case<\/a>&nbsp;from 2015 that legalized same-sex marriage.<\/li><\/ul>\n\n\n\n<p>\u201cFor that reason, in future cases, we should reconsider all of this Court\u2019s substantive due process precedents, including Griswold, Lawrence, and Obergefell,\u201d Thomas wrote.<\/p>\n\n\n\n<p>Thomas also wrote of the Dobbs case that \u201cThe resolution of this case is thus straightforward. Because the Due Process Clause does not secure&nbsp;<em>any<\/em>&nbsp;substantive rights, it does not secure a right to abortion.\u201d<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">Reaction pours in<\/h4>\n\n\n\n<p>The Center for Reproductive Rights, which brought the case to the Supreme Court, rebuked the Republican-nominated justices for ending the right to an abortion.<\/p>\n\n\n\n<p>\u201cThe Court\u2019s opinion delivers a wrecking ball to the constitutional right to abortion, destroying the protections of Roe v. Wade, and utterly disregarding the one in four women in America who make the decision to end a pregnancy,\u201d said Nancy Northup, president and CEO of the Center for Reproductive Rights.<\/p>\n\n\n\n<p>\u201cUtter chaos lies ahead, as some states race to the bottom with criminal abortion bans, forcing people to travel across multiple state lines and, for those without means to travel, carry their pregnancies to term \u2014 dictating their health, lives, and futures. Today\u2019s decision will ignite a public health emergency,\u201d Northup continued.<\/p>\n\n\n\n<p>Susan B. Anthony Pro-Life America, an anti-abortion group, celebrated the decision, while its president called for \u201can entirely new pro-life movement\u201d to begin.<\/p>\n\n\n\n<p>\u201cToday\u2019s outcome raises the stakes of the midterm elections. Voters will debate and decide this issue and they deserve to know where every candidate in America stands,\u201d Marjorie Dannenfelser said in a statement. \u201cFederal as well as state lawmakers must commit to being consensus builders who advocate for the most ambitious protections possible.\u201d<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">Mississippi ban<\/h4>\n\n\n\n<p>The court heard two hours of&nbsp;<a target=\"_blank\" href=\"https:\/\/www.newsfromthestates.com\/article\/us-supreme-court-considers-new-limits-abortions-mississippi-case\" rel=\"noreferrer noopener\">arguments<\/a>&nbsp;in December in Dobbs v. Jackson Women\u2019s Health Organization, which arose after Mississippi enacted a law that banned the vast majority of abortions after 15 weeks of pregnancy.<\/p>\n\n\n\n<p>U.S. Solicitor General Elizabeth B. Prelogar, who argued on behalf of the federal government as a \u201cfriend of the Court,\u201d&nbsp;<a target=\"_blank\" href=\"https:\/\/www.supremecourt.gov\/oral_arguments\/argument_transcripts\/2021\/19-1392_gfbi.pdf\" rel=\"noreferrer noopener\">said<\/a>&nbsp;that the \u201creal-world effects of overruling Roe\u201d and the&nbsp;<a target=\"_blank\" href=\"https:\/\/www.law.cornell.edu\/supremecourt\/text\/505\/833\" rel=\"noreferrer noopener\">1992 Planned Parenthood v. Casey&nbsp;<\/a>decision that affirmed the right to an abortion \u201cwould be severe and swift.\u201d<\/p>\n\n\n\n<p>\u201cNearly half of the states already have or are expected to enact bans on abortion at all stages of pregnancy, many without exceptions for rape or incest,\u201d Prelogar said. \u201cWomen who are unable to travel hundreds of miles to gain access to legal abortion will be required to continue with their pregnancies and give birth, with profound effects on their bodies, their health and the course of their lives.\u201d<\/p>\n\n\n\n<p>Mississippi Solicitor General Scott G. Stewart argued the nine justices should not only uphold Mississippi\u2019s 2018 law, which had yet to go into effect, but overturn the two cases that have kept abortion access legal for nearly 50 years.<\/p>\n\n\n\n<p>\u201cRoe versus Wade and Planned Parenthood versus Casey haunt our country,\u201d he said. \u201cThey\u2019ve poisoned the law.\u201d<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">Abortion rights history<\/h4>\n\n\n\n<p>The Supreme Court first ruled that a pregnant person has a constitutional right to abortion in the 1973 Roe v. Wade case that stemmed from a Texas woman being unable to access an abortion in her home state. The decision was 7-2.<\/p>\n\n\n\n<p>Justice Harry Blackmun&nbsp;<a target=\"_blank\" href=\"http:\/\/landmarkcases.c-span.org\/pdf\/Roe_Blackmun_Opinion.pdf\" rel=\"noreferrer noopener\">wrote<\/a>&nbsp;that the right to an abortion stemmed from the right to privacy under the 14th Amendment. But the court ruled that a person\u2019s fundamental right to terminate their pregnancy must be weighed against the government\u2019s interest in protecting the person\u2019s health and potential life.<\/p>\n\n\n\n<p>The court established a trimester framework that determined when and how governments could impose regulations on abortion access.<\/p>\n\n\n\n<p>In the 1992 Planned Parenthood v. Casey case, a 5-4 ruling, the court upheld a constitutional right to an abortion. But the decision overturned the trimester framework, instead setting viability, about 22 to 24 weeks into a pregnancy, as the line for government regulation.<\/p>\n\n\n\n<p>The court said a person had a right to an abortion before viability without undue interference from the government. After reaching a point of viability, states can regulate abortion as long as it doesn\u2019t affect a person\u2019s health or life.<\/p>\n\n\n\n<p>In the plurality opinion, Justice Sandra Day O\u2019Connor&nbsp;<a target=\"_blank\" href=\"https:\/\/supreme.justia.com\/cases\/federal\/us\/505\/833\/\" rel=\"noreferrer noopener\">wrote<\/a>&nbsp;that \u201cSome of us as individuals find abortion offensive to our most basic principles of morality, but that cannot control our decision. Our obligation is to define the liberty of all, not to mandate our own moral code.\u201d<\/p>\n\n\n\n<p>In a dissenting opinion, Justice Thomas&nbsp;<a target=\"_blank\" href=\"https:\/\/supreme.justia.com\/cases\/federal\/us\/505\/833\/\" rel=\"noreferrer noopener\">wrote<\/a>&nbsp;for himself, Antonin Scalia and two others that they would have overturned Roe v. Wade, saying the issue in the case was \u201cnot whether the power of a woman to abort her unborn child is a \u2018liberty\u2019 in the absolute sense; or even whether it is a liberty of great importance to many women. Of course it is both.\u201d<\/p>\n\n\n\n<p>\u201cThe issue is whether it is a liberty protected by the Constitution of the United States. I am sure it is not,\u201d he wrote.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">Will court survive a \u2018stench\u2019?<\/h4>\n\n\n\n<p>During oral arguments in December in the Mississippi case the justices ruled on Friday, Justice Sotomayor expressed concern over how the court overturning cases that established abortion access as a constitutional right would impact its reputation.<\/p>\n\n\n\n<p>\u201cNow, the sponsors of this bill, the House bill in Mississippi, said we\u2019re doing it because we have new justices. The newest ban that Mississippi has put in place, the six-week ban, the Senate sponsor said we\u2019re doing it because we have new justices on the Supreme Court,\u201d Sotomayor said.<\/p>\n\n\n\n<p>\u201cWill this institution survive the stench that this creates in the public perception that the Constitution and its reading are just political acts?\u201d<\/p>\n\n\n\n<p>Justice Kagan questioned whether the court overruling Roe and Casey would lead Americans to view the court as \u201ca political institution that will go back and forth, depending on what part of the public yells the loudest or changes to the court\u2019s membership.\u201d<\/p>\n\n\n\n<p>And Justice Breyer read from a decision the entire Supreme Court issued in Casey about when and how justices should overturn watershed cases to avoid a situation that \u201cwould subvert the Court\u2019s legitimacy.\u201d<\/p>\n\n\n\n<p>\u201cThey say overruling unnecessarily and under pressure would lead to condemnation, the Court\u2019s loss of confidence in the judiciary, the ability of the Court to exercise the judicial power and to function as the Supreme Court of a nation dedicated to the rule of law,\u201d Breyer read.<\/p>\n\n\n\n<p>The Mississippi law at the center of the argument allowed abortions after 15 weeks in cases of \u201csevere fetal abnormality\u201d or medical emergency, but it did not include exceptions for rape or incest.<\/p>\n\n\n\n<p>At the time Mississippi Gov. Phil Bryant signed the bill in March 2018, the 15-week threshold was the earliest abortion ban in the nation.<\/p>\n\n\n\n<p>That has since changed, with&nbsp;<a target=\"_blank\" href=\"https:\/\/www.newsfromthestates.com\/article\/states-rush-revise-their-abortion-laws-major-us-supreme-court-decision-nears\" rel=\"noreferrer noopener\">several states enacting<\/a>&nbsp;laws restricting abortion below that benchmark, including an Oklahoma law that makes abortion a felony punishable by up to 10 years in state prison, a maximum fine of $10,000, or both.<\/p>\n\n\n\n<p>Abortion rights organizations have filed lawsuits to stop many of those new laws from going into effect on the basis that they violated the constitutional right to an abortion that the court undid this week.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">Politico leak<\/h4>\n\n\n\n<p>The Supreme Court majority opinion released Friday is similar to a draft version, led by Justice Alito, that was leaked to Politico in early May.<\/p>\n\n\n\n<p>The leak was broadly criticized by Republicans, who at the time didn\u2019t want to talk about the implications of the court overturning Roe, while Democrats rebuked the conservative justices for the expected decision.<\/p>\n\n\n\n<p>Senate Majority Leader Chuck Schumer, a New York Democrat, held a floor vote in May on a bill that would have codified a nationwide right to an abortion.<\/p>\n\n\n\n<p>That legislation<a target=\"_blank\" href=\"https:\/\/www.newsfromthestates.com\/article\/us-senate-democrats-fail-enshrine-nationwide-abortion-protections-vow-more-action\" rel=\"noreferrer noopener\">&nbsp;couldn\u2019t get past&nbsp;<\/a>the chamber\u2019s 60-vote legislative filibuster.<\/p>\n\n\n\n<p>Maine Sen. Susan Collins and Alaska Sen. Lisa Murkowski, both Republicans who expressed frustration with how the Trump-nominated justices portrayed their view of Roe as a settled precedent during their confirmation processes, voted against the bill.<\/p>\n\n\n\n<p>West Virginia Democratic Sen. Joe Manchin did as well.<\/p>\n\n\n\n<p>Manchin said in a&nbsp;<a target=\"_blank\" href=\"https:\/\/www.manchin.senate.gov\/newsroom\/press-releases\/manchin-statement-on-scotus-decision-to-overturn-roe-v-wade\" rel=\"noreferrer noopener\">statement<\/a>&nbsp;Friday that he was \u201cdeeply disappointed that the Supreme Court has voted to overturn Roe v. Wade.\u201d<\/p>\n\n\n\n<p>\u201cI trusted Justice Gorsuch and Justice Kavanaugh when they testified under oath that they also believed Roe v. Wade was settled legal precedent and I am alarmed they chose to reject the stability the ruling has provided for two generations of Americans,\u201d Manchin continued.<\/p>\n\n\n\n\n\n\n\n[mailerlite_form form_id=1]\n","protected":false},"excerpt":{"rendered":"<p>The U.S. Supreme Court on Friday\u00a0overturned\u00a0the 1973 Roe v. Wade ruling that established abortion as a constitutional right.<\/p>\n","protected":false},"author":1,"featured_media":19823,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"newspack_featured_image_position":"","newspack_post_subtitle":"","newspack_article_summary_title":"Overview:","newspack_article_summary":"","newspack_hide_updated_date":false,"newspack_show_updated_date":false,"footnotes":""},"categories":[5444],"tags":[8507,11407,8859],"class_list":["post-37383","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-national","tag-abortion","tag-roe-v-wade","tag-supreme-court","entry"],"_links":{"self":[{"href":"https:\/\/thegeorgiasun.com\/index.php?rest_route=\/wp\/v2\/posts\/37383","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thegeorgiasun.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thegeorgiasun.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thegeorgiasun.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/thegeorgiasun.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=37383"}],"version-history":[{"count":0,"href":"https:\/\/thegeorgiasun.com\/index.php?rest_route=\/wp\/v2\/posts\/37383\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/thegeorgiasun.com\/index.php?rest_route=\/wp\/v2\/posts\/19823"}],"wp:attachment":[{"href":"https:\/\/thegeorgiasun.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=37383"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thegeorgiasun.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=37383"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thegeorgiasun.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=37383"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}