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Justice Alito, in delivering the majority opinion for the Supreme Court in Dobbs v. Jackson starts by acknowledging that “[a]bortion presents a profound moral issue on which Americans hold sharply conflicting views”. It is a topic on which discussions of disagreement are difficult to navigate making this case all the more challenging to discuss. On June 24, 2022, the Supreme Court overturned Roe v. Wade a 1974 Supreme Court case that extended constitutional protection to the right to an abortion through the due process clause of the 14th amendment. The Court stated in their holding that the “Constitution does not confer a right to abortion; Roe and Casey are overruled; the authority to regulate abortion is returned to the people and their elected representatives.” The ruling is over 200 pages and includes concurrences from Justices Thomas, Justice Kavanaugh, and Chief Justice Roberts. The Dissent is delivered by Justices Breyer, Sotomayor, and Kagan. In the Dissent they state “[f]or half a century, Roe v. Wade and Planned Parenthood v. Casey have protected the liberty and equality of women. Roe held, and Casey reaffirmed, that the Constitution safeguards a woman’s right to decide for herself whether to bear a child.”
This decision leaves entirely in the hands of the states the right to regulate or not, abortion. I hope that this episode breaks down this case in a way that makes it understandable and gives some insight into how I break down topics that are significantly charged.
- Dobbs v. Jackson
- Roe v. Wade
- Planned Parenthood v. Casey