Supreme Court overturns Roe v. Wade in landmark abortion decision - 6/24/2022

[ronscarpa]

https://www.foxnews.com/politics/supreme-court-overturns-roe-v-wade-dobbs-v-jackson-womens-health-organization?fbclid=IwAR3qPZdvN87ks9RaPiSe2u9zc7UztrJP0UqsBkkh1qTrrS1CZWrBd1Sid1g

 

Supreme Court overturns Roe v. Wade in landmark abortion decision

Supreme Court decision overturning Roe v. Wade centered on a Mississippi law banning abortions after 15 weeks

 

Video Link:  Supreme Court strikes down Roe v. Wade

Fox News' chief legal correspondent Shannon Bream provides details on the Supreme Court's ruling that reverses the long-standing precedent on abortion in America.

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The Supreme Court on Friday overturned Roe v. Wade, effectively ending recognition of a constitutional right to abortion and giving individual states the power to allow, limit, or ban the practice altogether.

The ruling came in the court's opinion in Dobbs v. Jackson Women’s Health Organization, which centered on a Mississippi law that banned abortion after 15 weeks of pregnancy. The Republican-led state of Mississippi asked the Supreme Court to strike down a lower court ruling that stopped the 15-week abortion ban from taking place.

"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.

 

Alito's opinion began with an exploration and criticism of Roe v. Wade and its holding that while states have "a legitimate interest in protecting ‘potential life,'' this interest was not strong enough to prohibit abortions before the time of fetal viability, understood to be at about 23 weeks into pregnancy.

LIVE UPDATES: SUPREME COURT ROE V. WADE DECISION

 

A celebration outside the Supreme Court, Friday, June 24, 2022, in Washington. (AP Photo/Steve Helber)

"The Court did not explain the basis for this line, and even abortion supporters have found it hard to defend Roe’s reasoning," Alito wrote.

Chief Justice John Roberts agreed that the viability line "never made any sense," but said he would have taken "a more measured course" with this case. Rather than overturn Roe v. Wade altogether, Roberts said he would have continued to recognize a right to get an abortion, and that the right should "extend far enough to ensure a reasonable opportunity to choose, but need not extend any further."

The court's majority took a firmer stance against Roe v. Wade and the subsequent case Planned Parenthood v. Casey, holding "that Roe and Casey must be overruled." They countered the Roberts concurrence by claiming that such an approach "would only put off the day when we would be forced to confront the question we now decide."

The court described how the Roe opinion did not specifically explain where the right to abortion came from, rather it provided several areas of the Constitution that might provide such a right. Alito wrote that the Casey decision "did not defend this unfocused analysis," instead grounding the right in the "liberty" protected by the Due Process Clause of the Fourteenth Amendment.

MORE THAN 2 DOZEN STATES TO RESTRICT ABORTIONS AFTER ROE V. WADE OVERTURNED

 

The court's opinion recognized that the Fourteenth Amendment's Due Process Clause has been found to guarantee certain rights that are not spelled out in the Constitution, but that those rights are "deeply rooted in this Nation's history and tradition." Abortion, the court said, "does not fall within this category," as "such a right was entirely unknown in American law" until the late 20th century.

The earliest sources for a right to an abortion, the Court said, are "a few" state and district court decisions from "shortly before Roe," and "a small number of law review articles from the same time period."

Alito referenced the dissenting opinion from Justices Stephen Breyer, Elena Kagan, and Sonia Sotomayor, stating that it "is very candid that it cannot show that a constitutional right to abortion has any foundation, let alone a ‘deeply rooted’ one, ‘in this Nation’s history and tradition.’"

"The dissent's failure to engage with this long tradition is devastative to its position," Alito wrote.

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The majority opinion also noted that the dissent did not provide any "serious discussion" of the states' interest in protecting the life of a fetus, while also making clear that the Court's ruling "is not based on any view about if and when prenatal life is entitled to any of the rights enjoyed after birth."

The court then addressed the concept of stare decisis – the tradition of following established court precedent.

"Overruling a precedent is a serious matter," Alito wrote. "It is not a step that should be taken lightly."

 

Still, he said, if the Supreme Court never overturned precedent, "American constitutional law as we know it would be unrecognizable, and this would be a different country."

The Court then asserted that there are five reasons why Roe and Casey should be overruled: "the nature of their error, the quality of their reasoning, the ‘workability’ of the rules they imposed on the country, their disruptive effect on other areas of the law, and the absence of concrete reliance."

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The Court explained that Casey's test of whether a law places an "undue burden" on the ability to get an abortion "has scored poorly on the workability scale," citing the late Justice Antonin Scalia, who said that the test is "inherently standardless."

The majority criticized Casey for its vagueness and ambiguity, and its failure to give a "clear answer" as to how to apply its undue burden test.

The opinion went on to explain that Roe and Casey disrupted other areas of law, claiming that they "have diluted the strict standard for facial constitutional challenges," ignored key judicial principles, and "distorted First Amendment doctrines."

MORE THAN 2 DOZEN STATES TO RESTRICT ABORTION AFTER ROE V WADE OVERTURNED IN DOBBS DECISION

Addressing the issue of reliance, the Court stated that such an interest typically arises "where advance planning of great precision is most obviously a necessity." Alito wrote that Casey itself "conceded that those traditional reliance interests were not implicated because getting an abortion is generally ‘unplanned activity." 

 

As for Casey's claim that people have made decisions about their relationships in reliance on abortion being an available option, the Court said that this is not concrete enough, and that "this Court is ill-equipped to assess ‘generalized assertions about the national psyche.’"

Alito then addressed the argument made in Casey that "[t]he American people’s belief in the rule of law would be shaken if they lost respect for this Court as an institution that decides important cases based on principle, not ‘social and political pressures.’"

While he recognized that there is indeed "a special danger" that the public will view a decision this way, Alito countered that "we cannot allow our decisions to be affected by any extraneous influences such as concern about the public’s reaction to our work."

ABORTION RIGHTS TO EXPAND IN BLUE STATES AFTER ROE V. WADE OVERTURNED

Public reaction to a possible overruling of Roe well before the Court handed down Friday's decision. A leak of a draft opinion by Alito from February that reached the same conclusion caused nationwide debate and promoted pro-choice activist protests at the homes of the six conservative justices. 

In addition, dozens of pro-life pregnancy centers were vandalized since the opinion leak, Catholic churches were targeted for protests and unrest, and a suspect was charged with attempted murder for allegedly trying to assassinate Justice Brett Kavanaugh.

Despite this, Alito wrote that the response to the Court's ruling was unknown at the time the case was decided, nor would it matter.

 

"We do not pretend to know how our political system or society will respond to today’s decision overruling Roe and Casey. And even if we could foresee what will happen, we would have no authority to let that knowledge influence our decision," he wrote. "We therefore hold that the Constitution does not confer a right to abortion. Roe and Casey must be overruled, and the authority to regulate abortion must be returned to the people and their elected representatives."

As for any future constitutional challenges to abortion restrictions, the Court said those laws should generally be valid as long as they have a rational basis.

 

People protest about abortion, Friday, June 24, 2022, outside the Supreme Court in Washington.  (AP Photo/Steve Helber)

The dissent accused the majority of ignoring a woman's interest in making decisions about child bearing for herself.

"It says 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," Breyer, Kagan and Sotomayor said.

"Across a vast array of circumstances, a State will be able to impose its moral choice on a woman and coerce her to give birth to a child," they added.

The dissent also claimed that the court's ruling jeopardizes other rights, such as the rights to contraception and same-sex marriage.

"They are all part of the same constitutional fabric, protecting autonomous decisionmaking over the most personal of life decisions," the dissenting justices said.

 

Edited June 24, 2022 by ronscarpa

[FlyHi]

Awesome but prepare for the unhinged left to go super crazy fueled by Blm, antifa etc etc

Prayers for you all in these biblical predicted  times

[divemaster5734]

5 hours ago, FlyHi said:

Awesome but prepare for the unhinged left to go super crazy fueled by Blm, antifa etc etc

Prayers for you all in these biblical predicted  times

We've been talking about these days coming for a long time, and yet I am still in partial denial.

Flabbergasted over the proudly hypocritic and blatantly false war chants taken up by the violent left.

I was stunned speechless in 2020, and predicted America wouldn't last until 2024, but am still praying I'll be proved wrong.

It's going to be so very painful, all families will be affected.

And then I can only feel saddened for all those kids that will never have a chance to grow up, or to experience life on a simpler wholesome context the way we did in the 50's to 90's.

Have to say, the good folks I've met here on DV really did help keep me sane through these incredible changes.

Prayers to All. 

[Sage449]

Estimated 63 million aborted since Roe v. Wade. Beyond shameful no wonder God is lifting His hand off the US. I know there are predictions that there will be a major revival and as much as I'd like to believe it the US looks like Sodom and Gomorrah or "as in the days of Noah" signs:

Matthew 24:37-39

As in the days of noah KJV. Matthew 24:37-39 King James Version (KJV) 37 But as the days of Noah were, so shall also the coming of the Son of man be. 38 For as in the days that were before the flood they were eating and drinking, marrying and giving in marriage, until the day that Noah entered into the ark, 39 And knew not until the flood came, and took them all away; so shall also the coming of the Son of man be.

[new york kevin]

On 6/24/2022 at 9:41 AM, ronscarpa said:

"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.

 

Haven't read any of the opinions on here yet. My opinion, is that if you can procreate, these days both parties should be responsible enough to bring and use protection against a unwanted pregnancy. Period. These days there is the Morning After pill, diaphragms, copper diaphragms, male and female condoms, daily, weekly, and monthly hormone pills, and hormone interrupter inserts, to prevent ovulation and pregnancies. With all of these ways to prevent a unwanted pregnancy, man the truck up, and USE ONE OF THESE. Christian  and non-Christian women and men who find their selves in a unplanned pregnancy situation, you got nothing but tough choices in front of you. By allowing life to birth, and by allowing the child to be adopted, know that you are answering the prayers of couples all over the world. Even God would say amen to this, in these circumstances, with these "options." What the abortionists do not tell you is the post partum issues you will still have, after the abortion. Or what you must work through when 10-30 years later, being a different you now than you were then, you wonder if it was a boy or girl, would they have liked who you became, would they have loved you, will they forgive you when you a repentant and forgiven person meet them one day in heaven. Choose life, choose adoption . Thats my opinion.

Edited July 1, 2022 by new york kevin

[cranman]

The thought of taking an innocent life because of rape, incest  or a one night stand is not a decision I would want to have to a family member or friend to ever have to make. But the reality of it is, is that it may need to happen.  A 10 year old girl should not be forced to carry a baby that is a product of rape or incest. The same can be said for an elderly woman. Who are we to tell someone,  " Sorry that happened to YOU but you need you have that baby" or " YOU need to put your body through that physically and mentally traumatizing expirience because that's a life inside you" ?

 

Easy to say when the effects aren't affecting you or your family. 

 

Why is it we are able to take an adult life off of life support ( due to an accident or illness),  a decision not made by the adult on life support. but when it comes to a embryo, and undeveloped life, it is taboo? One could argue that the adult life has contributed to society and deserves to be left on life support instead of condemned to a death that they had no say in. 

 

Is an undeveloped fetus life worth more than an adult on life support? Someone explain to me how the two scenarios are different. 

 

Life is not always fair, nice, beautiful or uncomplicated. There are moments of complications, war, ugliness, death and regrets. Its LIFE.  No guarantees, no promises, no deals and no certainties.  

 

I'm probably opening a can of worms, but I'm curious to hear the responses.

 

Please do not respond with anger, hostility or name calling.  Don't respond with bible phrases or scripture as I'm not a follower of any religion. 

 

I open to hearing responses that are well thought out, civil and from those with a open mind. 

 

Who knows. I may be convinced to think otherwise. 

 

[nstoolman1]

Abortion is homicide.

Very few instances that it is accepted or legal to do so.

War, self defense, accident 

A woman goes through a traumatic experience while gving birth after a rape or incest.

Mind you very low stats on those two.

She also goes through a traumatic experience during an abortion. 

The majority of abortions are used as an after thought or birth control.

Abortions done for the health of the mother is also a rarity. 

God has a plan for every child. Who is to say that one of those 63 million children was not the finder of the cure for (name a desease). 

 

 

 

[cranman]

14 hours ago, nstoolman1 said:

Abortion is homicide.

Very few instances that it is accepted or legal to do so.

War, self defense, accident 

A woman goes through a traumatic experience while gving birth after a rape or incest.

Mind you very low stats on those two.

She also goes through a traumatic experience during an abortion. 

The majority of abortions are used as an after thought or birth control.

Abortions done for the health of the mother is also a rarity. 

God has a plan for every child. Who is to say that one of those 63 million children was not the finder of the cure for (name a desease). 

 

 

 

God has a plan for every child?  Even the ones living in extreme  poverty, are physically or sexually abused, sex trafficked,  murdered, killed in accidents, or born with a life as altering disease?  Not much of a plan.

 

Not insulting your statement,  it just makes no sense to me. Especially since all adults were kids at one time in their lives.  

 

Your statement about taking of a life being legal at certain times is confusing. Since the legal system is a human concept are you saying that your God recognizes it and is in agreement. 

 

Take religion out of the equation and explain to me how taking and adult off of life support  ( a human that cannot make a decision ) is different than abortion.  The adult didn't want to be that situation. Do you just send them home and make a family bare the cost and responsibility for the 24 hour care ? Do they have thier lives altered because it's a human being and they should be allowed to  live no matter what the circumstances?  

 

Again, it's a subject that should never have to be discussed let alone acted upon.  But its happening none the less. 

 

You have to look past the fact that it is an embryo  or  a fetus and understand its a life. The same as yours or mine.