Supreme Court overturns Roe v. Wade; states can ban abortion

Abortion-rights and anti-abortion demonstrators gather outside of the Supreme Court in Washington, Friday, June 24, 2022. The Supreme Court has ended constitutional protections for abortion that had been in place nearly 50 years, a decision by its conservative majority to overturn the court’s landmark abortion cases. (AP Photo/Gemunu Amarasinghe)
[apnews.com – 2022.06.24] The Supreme Court on Friday stripped away women’s constitutional protections for abortion, a fundamental and deeply personal change for Americans’ lives after nearly a half-century under Roe v. Wade. The court’s overturning of the landmark court ruling is likely to lead to abortion bans in roughly half the states.

The ruling, unthinkable just a few years ago, was the culmination of decades of efforts by abortion opponents, made possible by an emboldened right side of the court fortified by three appointees of former President Donald Trump.

Both sides predicted the fight over abortion would continue, in state capitals, in Washington and at the ballot box. Justice Clarence Thomas, part of Friday’s majority, urged colleagues to overturn other high court rulings protecting same-sex marriage, gay sex and the use of contraceptives.

Pregnant women considering abortions already had been dealing with a near-complete ban in Oklahoma and a prohibition after roughly six weeks in Texas. Clinics in at least eight other states — Alabama, Arizona, Arkansas, Kentucky, Missouri, South Dakota, Wisconsin and West Virginia — stopped performing abortions after Friday’s decision.

Members of the Supreme Court pose for a group photo at the Supreme Court in Washington, April 23, 2021. Seated from left are Associate Justice Samuel Alito, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Stephen Breyer and Associate Justice Sonia Sotomayor, Standing from left are Associate Justice Brett Kavanaugh, Associate Justice Elena Kagan, Associate Justice Neil Gorsuch and Associate Justice Amy Coney Barrett. The Supreme Court has ended constitutional protections for abortion that had been in place nearly 50 years — a decision by its conservative majority to overturn the court’s landmark abortion cases. (Erin Schaff/The New York Times via AP, Pool, File)

Abortion foes cheered the ruling, but abortion-rights supporters, including President Joe Biden, expressed dismay and pledged to fight to restore the rights.

“It’s a sad day for the court and for the country,” Biden said at the White House. He urged voters to make it a defining issue in the November elections, declaring, “This decision must not be the final word.”

The ruling came more than a month after the stunning leak of a draft opinion by Justice Samuel Alito indicating the court was prepared to take this momentous step.

Alito, in the final opinion issued Friday, wrote that Roe and Planned Parenthood v. Casey, the 1992 decision that reaffirmed the right to abortion, were wrong and had to be overturned.

“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,” Alito wrote, in an opinion that was very similar to the leaked draft.

Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan — the diminished liberal wing of the court — were in dissent.

“With sorrow—for this Court, but more, for the many millions of American women who have today lost a fundamental constitutional protection—we dissent,” they wrote, warning that abortion opponents now could pursue a nationwide ban “from the moment of conception and without exceptions for rape or incest.”

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