The Supreme Court has overturned Roe v. Wade, with a 6-3 majority ruling in the Dobbs case that “The Constitution does not confer a right to abortion.”
“We hold that Roe and Casey must be overruled. 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 for the majority.
“The 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—the Due Process Clause of the Fourteenth Amendment,” Justice Samuel Alito wrote in the majority opinion. “That provision has been held to guarantee some rights that are not mentioned in the Constitution, but any such right must be ‘deeply rooted in this Nation’s history and tradition’ and ‘implicit in the concept of ordered liberty.’”
“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,” Alito wrote.
“Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences,” Alito wrote. “And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.”
Although technically voting with the majority, Chief Justice John Roberts issued a concurrence saying he supports upholding the 15-week ban at issue in the case but not overturning Roe.
This is a landmark day for the Pro-Life movement and our entire nation. After staining the moral fabric of our country for nearly 50 years, Roe v. Wade is no more.
Leading pro-life groups hailed the decision, including Kim Schwartz of Texas Right to Life.
“After nearly 50 years, Roe has been responsible for the deaths of over 60 million preborn American children. Today, the Supreme Court has finally overturned the grievous error of Roe v. Wade that has cost so many precious lives,” she told LifeNews. “Now, the abortion question will return to the states, authorizing state governments to set their own laws without being suffocated by federal courts.”
Justices Sonia Sotomayor, Elena Kagan and Stephen Breyer authored a joint dissent condemning the decision as enabling states to enact “draconian” restrictions on women.
“Perhaps, in the wake of today’s decision, a state law will criminalize the woman’s conduct too, incarcerating or fining her for daring to seek or obtain an abortion,” the justices wrote. “And as Texas has recently shown, a State can turn neighbor against neighbor, enlisting fellow citizens in the effort to root out anyone who tries to get an abortion, or to assist another in doing so.”