After 50 years of the landmark laws, the Supreme Court has overturned Roe v. Wade, eliminating the constitutional right to an abortion. In a 5-3 decision, written by conservative Justice Samuel Alito, the Court ruled that Roe and Planned Parenthood v. Casey, the 1992 decision that reaffirmed the fitting to abortion, were improper and needed to be be overturned.
The choice announced Friday morning, almost mirrors the leaked draft that ignited a political firestorm in early May.
“The Structure makes no reference to abortion, and no such right is implicitly protected by any constitutional provision,” Alito wrote within the ruling.
The choice to overturn Roe, was ultimately decided by five conservative justices: Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, and Samuel Alito. Chief Justice John Roberts didn’t vote as a concurring opinion, writing individually to say he would have upheld the Mississippi law but was not in agreeance with the sweeping proclamation that Roe v. Wade ought to be overturned.
The court’s remaining three liberal justices—Stephen Breyer, Sonia Sotomayor and Elena Kagan—issued a jointly authored dissent.
Half of the present conservative justices—Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett—were appointed by former President Donald Trump. All three justices said during their confirmation hearing that they’d uphold Roe v. Wade.
The Court argued that the initial bill was “egregiously improper from the beginning.” Alito believed the reasoning from the 1973 ruling was weak and had damaging consequences.
Nearly half the states within the country have already indicated they’d move to ban the procedure. Thirteen states have “trigger bans,” designed to take effect as soon as Roe was overturned but will as an alternative, ban the abortion inside 30 days of the ruling. Nonetheless, Louisiana is the one trigger ban state to right away go into effect, meaning all three of Louisiana’s remaining abortion clinics will immediately shut down. Eighteen states, mostly within the eastern and western the seaboard, preemptively passed laws to maintain abortion legal. Iowa, Indiana, Ohio, West Virginia, Alabama, Georgia, and South Carolina are more likely to ban abortions. The remaining states are uncertain.
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