SCOTUS Overturns Roe v. Wade

U.S. Supreme Court

The United States Supreme Court today overturned Roe v. Wade by a 5-4 decision. The vote to uphold Mississippi’s abortion restriction was 6-3.

“The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives.”

This is not a total ban on abortion, but changes its approach, stating that women no longer have a protected fundamental right to an abortion under the Constitution.

The 213-page opinion: https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf

The vote was 6-3 to uphold a restrictive Mississippi law – Dobbs v. JacksonWomen’s Health Organization. Chief Justice John G. Roberts, though, criticized his conservative colleagues for taking the additional step of overturn Roe and Planned Parenthood v. Casey, which had reaffirmed the right to abortion.

In a separate opinion, Clarence Thomas acknowledged that Friday’s decision does not directly affect any rights besides abortion. But he argued that the constitution’s Due Process Clause does not secure a right to an abortion or any other substantive rights, and he urged the court to apply that reasoning to other landmark cases.

Thomas wrote, “In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell.”

The dissent is a joint dissent by Stephen Breyer, Sonia Sotomayor, and Elena Kagan. As mentioned by Amy Howe of SCOTUSblog, “it is very unusual but not unprecedented.”

What does it mean for Pennsylvania?

In Pennsylvania, the following restrictions on abortion were in effect as of June 17, 2022:

  • A patient must receive state-directed counseling that includes information designed to discourage the patient from having an abortion, and then wait 24 hours before the procedure is provided.
  • Health plans offered in the state’s health exchange under the Affordable Care Act can only cover abortion in cases of life endangerment, or in cases of rape or incest, unless individuals purchase an optional rider at an additional cost.
  • Abortion is covered in insurance policies for public employees only in cases of life endangerment, rape or incest.
  • The parent of a minor must consent before an abortion is provided.
  • Public funding is available for abortion only in cases of life endangerment, rape or incest.
  • An abortion may be performed at 24 or more weeks after the last menstrual period only in cases of life or health endangerment.
  • The state prohibits abortions performed for the purpose of sex selection.
  • The state requires abortion clinics to meet unnecessary and burdensome standards related to their physical plant, equipment and staffing.

 

5 Responses

  1. So now we are going to have 50 different interpretations of what is essentially a medical procedure.

  2. If you require proof God exists, Roe was overturned while a Democrat is occupying the Resolute Desk during the greatest economic downturn in the better part of 2 decades ensuring the party of Abortion will not be able to capitalize on the ruling. Millions of babies will be born as a result of this historic day. God Bless Donald John Trump for making this day possible.

    1. It does prove God exists, James Wilson. Roe reversed is manna from heaven and your one man survey of Democratic flaws misses the obvious which is that this ruling in an off year will elect in Pa a Dem to the Governor’s Office and a Dem Senator. Atty Gen Shapiro has Roe and Mastriano and if this isn’t a boost for his chance I don’t know what does and the Senate race easily boosts Fetterman over Oz. God bless Donny Trump and his gift to America that keeps on giving—political incompetence.

  3. In a separate opinion, Clarence Thomas, the husband of insurrectionist and seditionist, Ginni Thomas, expressed his support for revisiting other Supreme Court rulings that he and other conservatives believe should be left to individual states.

    For example, he wrote that the court should move forward with revisiting the right to contraception and the right for same-sex couples to marry.

    “After overruling these demonstrably erroneous decisions, the question would remain whether other constitutional provisions guarantee the myriad rights that our substantive due process cases have generated,” he wrote.

    Obergefell v. Hodges established the right to same-sex marriage in 2015. But Thomas argues that the Constitution lacks an explicit reference to the right and therefore voters should decide whether that right should exist in their respective states.

    Their coming for everything that should remain private in your life. Get ready!

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