On June 24, the Supreme Court formally v. His landmark row. Wade, 49, has thus ended half a century of constitutionally guaranteed abortion rights in the United States.
The case was decided 6-3, Dobbs v. The Jackson Women’s Health Organization became publicly known in May for an unprecedented leak of a preliminary draft of the majority opinion written by Judge Samuel Alito.
Although the final official version is a bit less rigorous than the leaked document, the effect is the same. The right to abortion has been removed as if it never existed.
Now, the decision to allow medical procedures will remain with the individual state governments, and only 16 people, including the District of Columbia, have passed legislation to preserve the option, while the other two states have constitutional protections cited by state courts. As abortion protection.
The majority opinion, whose signatories include Justice Clarence Thomas and three justices appointed by President Donald Trump – Neil Gorsuch, Brett Kavanagh and Amy Connie Barrett – has said in no uncertain terms that a 1973 Rowe and 1992 lawsuit that reaffirmed that plan re-planned parents. . Southeast Pennsylvania v. Casey, they had a bad bug.
“The Constitution makes no mention of abortion, and no such right is implicitly protected by any constitutional provision,” Alito wrote. “Now is the time to pay attention to the constitution and return the issue of abortion to the elected representatives of the people.”
Chief Justice John Roberts, an abortion opponent who reported when the case came up in December that he was in favor of keeping Mississippi law at the center of the case, agreed with the verdict but submitted his own dissenting opinion saying he could not go. That’s away
“I would have taken a more measured path,” he wrote. “The court’s opinion is thoughtful and comprehensive, but those qualities cannot make up for the fact that its dramatic and consequential verdict is unnecessary for us to decide the case before.”
On the other hand, the remaining three Liberals in court, Sonia Sotomayor, Elena Kagan and Stephen Breyer, who are retiring at the end of this term, did not pull any punches. Women’s rights and their dignity as free and equal citizens, “Breyer wrote.
“Yesterday, the constitution guaranteed that a woman facing an unplanned pregnancy (within reasonable limits) could make her own decision about having a child, with all the life-changing consequences, but no more. To this day, according to this court, a state can always force a woman to give birth, even prohibiting early abortion. “
It is difficult to overstate the impact of court action. Although the Supreme Court has overturned long-standing decisions in the past, especially in cases involving ethnic relations, the court has never granted a right and has since revoked it.
In this case, the effect is also immediate. Thirteen states have so-called “trigger laws” to ban abortions, which will take effect after Rock is repealed. Other states have pre-row abortion bans that can be resumed, and some have post-row bans that are blocked by the court but may be effective.
In all, according to the Gutmachar Institute, which monitors reproductive health policy, 26 states are likely to ban or strictly restrict abortion because it is officially approved.
The response from those who supported the right to abortion was quick, although there was nothing they could do immediately to stop the wave of bans or bans. Congress, although a majority of members who support the right to abortion in at least some circumstances, lacks a vote in the Senate to overturn the Philibuster Act.
President Joe Biden, in a brief presentation shortly after the decision was announced, said he strongly disagreed with the ruling. “This is a sad day for the court and the country,” he said. “The health and lives of women in this country are now at risk.”
Although her options are limited, Biden said she will work to ensure that abortion-prohibited women in the states can cross state lines for care and that the Food and Drug Administration (FDA)-approved abortion pill, mifepristone, is available.
Attorney General Merrick Garland elaborated on this in a statement. “States cannot ban mifepristone based on their disagreement with the FDA’s expert judgment on its safety and effectiveness,” he warned.
But at the end of the day, the only body that can restore abortion rights across the country is Congress. “This fall, Rowe is on the ballot,” Biden said.
And those on both sides of the debate who are already preparing themselves. Alexis McGill Johnson, president and CEO of Planned Parenthood, has promised, “The decision will be in the hands of those who are running for anything.”
“Today’s result is a by-election,” said Marjorie Danenfelser, president of Susan B. Anthony Pro-Life America, an anti-abortion group. “Voters will debate and decide on this issue and they deserve to know where every candidate in America stands, including those who point the line at the Democratic Party’s demand for unlimited abortion.”
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