Supreme Court Ends Federal Abortion Protections Now State Decisions

Clear Facts

• The Supreme Court overturned Roe v. Wade, ending federal recognition of abortion rights.
• Individual states now have full authority to permit, limit, or ban abortion as they choose.
• The decision came from Dobbs v. Jackson Women’s Health Organization, focused on a Mississippi law banning abortion after 15 weeks.

The Supreme Court’s landmark decision reversed Roe v. Wade, removing federal guarantees for abortion and handing the issue back to the states. States can now decide abortion laws independently, reflecting voters’ values more directly.

This ruling originated from the Dobbs v. Jackson Women’s Health Organization case, targeting Mississippi’s 15-week abortion ban. The majority opinion, authored by Justice Samuel Alito, found no constitutional right to abortion and criticized previous court reasoning.

“We end this opinion where we began. Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives,” Justice Samuel Alito wrote in the court’s opinion.

Justice Alito pointed out that Roe’s viability standard was unexplained and difficult to defend, even among supporters. The court emphasized that abortion is not deeply rooted in the nation’s history or tradition.

Chief Justice John Roberts agreed the viability line lacked sound reasoning, but preferred a more limited approach. He stated a right to abortion should remain to a reasonable extent, but need not be as broad as previously recognized.

The majority sharply disagreed, arguing that waiting to address Roe directly would only delay the inevitable constitutional question. The opinion highlighted the lack of clear constitutional support for abortion rights and stated that such rights were absent from American law for most of the nation’s history.

Justice Alito discussed the basis for unenumerated rights under the Fourteenth Amendment, stating the right to abortion does not meet the standard of being deeply rooted. The majority further argued that precedent should sometimes be overturned, especially when past decisions are in error.

“Overruling a precedent is a serious matter. It is not a step that should be taken lightly.”

The Court identified several flaws in Roe and Casey, including poor reasoning, ambiguous rules, and disruptive effects on other legal areas. They criticized Casey’s “undue burden” standard as vague and unworkable, citing Justice Antonin Scalia.

The majority found that reliance interests do not justify maintaining Roe or Casey, noting that abortion decisions are generally unplanned and not a foundation for legal stability.

Justice Alito addressed concerns over the court’s legitimacy, insisting their decision is grounded in constitutional principle rather than outside pressures.

This ruling marks a significant victory for advocates of traditional values, affirming that each state’s people will determine abortion policy going forward.

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