Overturning Federal Abortion
This is a “no BS”
reference to today’s Dobbs v. Jackson SCOTUS overturning of Roe V. Wade and Planned Parenthood v, Casey. There is a quote from Dobbs, and links to the
full text of Dobbs v. Jackson, Roe v. Wade and PP v. Casey. All references are direct, with no
contamination by opinions from talking heads of differing political views.
From Dobbs v.
Jackson, overturning Roe and Casey – Delivered by Justice Alito:
“We hold that
Roe and Casey must be overruled.
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.
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.” Washington v.
Glucksberg, 521 U. S. 702, 721 (1997) (internal quotation marks omitted). The
right to abortion does not fall within this category.
Until the latter
part of the 20th century, such a right was entirely unknown in American law.
Indeed, when the Fourteenth Amendment was adopted, three quarters of the States
made abortion a crime at all stages of pregnancy. The abortion right is also
critically different from any other right that this Court has held to fall
within the Fourteenth Amendment’s protection of “liberty.”
Roe’s defenders
characterize the abortion right as similar to the rights recognized in past
decisions involving matters such as intimate sexual relations, contraception,
and marriage, but abortion is fundamentally different, as both Roe and Casey
acknowledged, because it destroys what those decisions called “fetal life” and
what the law now before us describes as an “unborn human being.”
13 Stare
decisis, the doctrine on which Casey’s controlling —————— 13Miss. Code Ann.
§41–41–191(4)(b) (2018). 6 DOBBS v. JACKSON WOMEN’S HEALTH ORGANIZATION Opinion
of the Court opinion was based, does not compel unending adherence to Roe’s
abuse of judicial authority.
Roe was
egregiously wrong from the start. Its reasoning was exceptionally weak, and the
decision has had damaging consequences. And far from bringing about a national
settlement of the abortion issue, Roe and Casey have enflamed debate and
deepened division.
It is time to
heed the Constitution and return the issue of abortion to the people’s elected
representatives. “The permissibility of abortion, and the limitations, upon it,
are to be resolved like most important questions in our democracy: by citizens
trying to persuade one another and then voting.” Casey, 505 U. S., at 979
(Scalia, J., concurring in judgment in part and dissenting in part). That is
what the Constitution and the rule of law demand.”
Dobbs vs Jackson
[ overturn Roe V. Wade ad Casey
https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf
Roe v. Wade
https://supreme.justia.com/cases/federal/us/410/113/
Planned
Parenthood v. Casey
https://supreme.justia.com/cases/federal/us/505/833/
Ray Gruszecki
June 24, 2022
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