The U.S. Supreme court overturned the Roe vs. Wade case on Friday, 24th June 2022, in a 5-4 decision, which states abortions as illegal in America. The right to abortion that the Constitution of America offered citizens since 1973 has now been overruled.
What will happen after Roe v. Wade is overturned?
Following the new law that has been set in place, states now have the authority to set abortion laws and are not governed by running afoul of Roe. Roe had permitted any American citizen to terminate the pregnancy if she wished to during the first two trimesters of pregnancy. Most states in America will stick to the ruling passed by the supreme court instead of forming their abortion laws. 13 states in America have already enforced strict abortion laws that will go into effect immediately. The rules set across different States will affect tens of millions of people all around America. Most women in America will have to cross state lines and go to states that allow abortions to access reproductive health care. The other 13 states have not yet spoken about the abortion laws they want to enact. However, it has been assumed that the other states will maintain liberal rules for terminating the pregnancy.
The U.S. Supreme Court’s ruling received much praise from the conservatives and equal hate from the liberals. The conservatives are very pleased with the court ruling and have said that the court has helped them preserve the traditional American values they had long hoped for and worked to protect. While on the other hand, abortion rights supporters have been protesting outside the Supreme court to speak against the decision that the Supreme Court has taken. Most abortions will soon be banned across the Gulf South States now that Roe v. Wade has been overturned.
Read More: Donald Trump on Supreme Court’s Abortion Ruling “God Made The Decision”
Overview of what Justice Samuel Alito and others had to say about the ruling
Justice Samuel Alito has spoken about how most people favored illegalizing abortions, which is why Roe has been tossed out. He also talks about the 1992 Supreme Court case that upheld abortion rights in a case called Planned Parenthood v. Casey. Alito and four other conservatives took the joint decision to pass the new rule. The abortion rule has been upheld in Mississippi. Chief Justice John Roberts voted to keep the abortion restriction with the majority, although they did not favor overturning Roe. Former President Donald Trump appointed all the justices. They are Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.
Alito talks about how it was good that Roe got overturned. “We hold that Roe and Casey must be overruled,” Alito wrote. He further talks about how the Constitution of America does not protect any abortion rights in actuality. “The Constitution does not refer 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 not mentioned in the Constitution. Still, any such right must be ‘deeply rooted in this Nation’s history and tradition’ and’ implicit in the concept of ordered liberty,” he added. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives,” Alito wrote.
Stephen Breyer, Sonia Sotomayor, Elena Kagan, and many others believe that this new rule has been passed because most people have spoken in favor of it. They also talk about how abortion bans should be imposed in states as it gives women the freedom and equality to choose if she wants to have a child or not. “The majority would allow States to ban abortion from conception onward because it does not think forced childbirth at all implicates a woman’s rights to equality and freedom,” said the dissent by Stephen Breyer, Sonia Sotomayor, and Elena Kagan. They also talk about how a woman’s body and her life’s path are not significant to the Constitution. The ruling was passed not to demean women but to do what was right merely.
Opinions of others
Most republicans like Justice Clarence Thomas believe that along with banning abortions, the Supreme court should also reconsider its other rulings like the right to use birth control and the right for gays to marry one another and have sex. This significant ruling was passed after another controversial order was passed in context with the century-old New York law. The new law lets everyone carry a handgun in public without any special permission.
The reason why Roe has been overturned
The case that led to Roe being overturned was Dobbs v. Jackson Women’s Health Organization. This case was about the abortion laws that governed Mississippi that bans all abortions after 15 weeks of pregnancy. This case was one of the most significant and controversial cases. It posed a serious threat to all the abortion laws set in place during the Parenthood v. Casey case. In early May 2022, a critical draft was leaked that shocked the whole nation. The draft contained evidence that most people wanted the abortion ban to come into force. Alito spoke about it and wrote about the court’s opinion. This draft written by Alito not only enraged but also scared many people.
The abortion-rights activists feared that the decision of an abortion ban would affect the future of America badly. When Alito’s opinion leaked, it marked a significant victory for the conservatives and the anti-abortion activists who have been trying to keep America’s culture alive. The sudden leak of Alito’s draft put the court’s personal decision out on display for everyone to see. The Supreme court received very harsh scrutiny from court critics. Though their decision had been leaked, the courts vowed that nothing would now affect the court’s decision. After the draft was leaked, tall fencing was set up around the court building, and Attorney General Merrick Garland took the U.S. Marshals Service’s help to protect the justices.