In its final decision, the Supreme Court Dobbs v. Jackson Women’s Health OrganizationThe Mississippi case regarding abortion. You will find many analyses and opinion pieces, but here is the summary: The Court has officially reversed its previous rulings. Roe V. Wade(1973) Casey v. Planned Parenthood (1992). The official holding is this: “The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives.”
The news isn’t as stunning as it might otherwise have been absent the leak, early in May, of the draft opinion authored by Justice Samuel Alito. Although it’s not the same, Monday’s decision closely follows the February draft.
The draft was not complete with the separation of the justices. However, rumors circulating about it implied that it would be five-to-four. Chief Justice Roberts attempted to bridge the gap between the two groups by voting in the respective blocs. We now have the split. Justice Alito wrote this opinion with Justices Thomas Gorsuch Kavanaugh and Barrett joining and Chief Justice Roberts concurring. Justices Sotomayor, Kagan, and Breyer disapproved, as expected.
The net effect of this is that the decision regarding the legality of abortion is now returned to the states – many, if not most, of which have passed laws addressing the issue in recent years. In turn this means that the battle for legal rights now shifts to the states. You can read the entire 79 page opinion below.
It is still a new story. We’ll have more to come.
Scribd: Dobbs by Susie Moore
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