The Supreme Court on last week struck down Roe v. Wade, eliminating the right to abortion and handing states authority to drastically limit or ban the procedure.
The 6-3 decision is leaving it to the states to decide how to regulate – or outlaw – abortion. Twenty-two states, including Texas, have trigger laws in place that will outlaw abortion immediately.
The Supreme Court was hearing a case, Dobbs vs Jackson Women’s Health Organization that challenged the state of Mississippi’s ban on abortion after 15 weeks.
The court ruled in favor of Mississippi along ideological lines, with the judgement reading:
“We therefore hold that the Constitution does not confer a right to abortion ... and the authority to regulate abortion must be returned to the people and their elected representatives.”
Justice Samuel Alito wrote for the majority: “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.”
More than two dozen states, primarily in the South and Midwest, are expected to tighten abortion access as a result of Roe falling, including 13 states with “trigger bans” set to take effect automatically or through minimal effort by state officials.
In red states with legislatures controlled by Republicans, an abortion is likely to be banned or made much more difficult to get.
And in blue states, places Democrats traditionally win in presidential elections and control the legislatures, abortion access will remain in place. It will make for a very unsettling round of new laws and regulations across the country.
In addition to the court re visiting Roe v. Wade, Justice Clarence Thomas said other rulings should be examined, including gay rights and contraception rights, writing that ruling were “demonstrably erroneous decisions.” His recommendation to reconsider other decisions does not have the force of legal precedent, nor does it compel his colleagues to take the action he suggested.
The cases he mentioned are Griswold vs. Connecticut; Lawrence v. Texas; and Obergefell v. Hodges.