Victory for the Unborn

Roe was “not constitutional law” at all and gave “almost no sense of an obligation to try to be.”

from Opinion of the Court,SCOTUS-June 24, 2022

The Supreme Court Justices (SCOTUS) voted 5 to 4 to overturn Roe vs. Wade today. Justice Alito wrote the opinion of the Court. I found the entire document on SCOTUSblog. The blog”s about page says: “The blog is devoted to covering the U.S. Supreme Court comprehensively, without bias, and according to the highest journalistic and legal ethical standards. The blog is provided as a public service…” We are able to get Justice Alito’s entire opinion in PDF format. I began reading it and found myself cheering, and nearly in tears, to finally see the truth come out that the ruling on Roe vs Wade was never related to our constitutional rights.

The following is just a taste of the full text of today’s opinion. I hope you will read it and link to the full text! Each state now has the responsibility to follow through with the fight for the unborn.

SUPREME COURT OF THE UNITED STATES

No. 19–1392

THOMAS E. DOBBS, STATE HEALTH OFFICER OF THE MISSISSIPPI DEPARTMENT OF HEALTH, ET AL., PETITIONERS v. JACKSON WOMEN’S HEALTH ORGANIZATION, ET AL.

ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

[June 24, 2022]

JUSTICE ALITO delivered the opinion of the Court.

Abortion presents a profound moral issue on which Americans hold sharply conflicting views. Some believe fervently that a human person comes into being at conception and that abortion ends an innocent life. Others feel just as strongly that any regulation of abortion invades a woman’s right to control her own body and prevents women from achieving full equality. Still others in a third group think that abortion should be allowed under some but not all circumstances, and those within this group hold a variety of views about the particular restrictions that should be imposed.

For the first 185 years after the adoption of the Constitution, each State was permitted to address this issue in accordance with the views of its citizens. Then, in 1973, this Court decided Roe v. Wade, 410 U. S. 113. Even though the Constitution makes no mention of abortion, the Court held that it confers a broad right to obtain one. It did not claim that American law or the common law had ever recognized such a right, and its survey of history ranged from the constitutionally irrelevant (e.g., its discussion of abortion in antiquity) to the plainly incorrect (e.g., its assertion that abortion was probably never a crime under the common law). After cataloging a wealth of other information having no bearing on the meaning of the Constitution, the opinion concluded with a numbered set of rules much like those that might be found in a statute enacted by a legislature.

Under this scheme, each trimester of pregnancy was regulated differently, but the most critical line was drawn at roughly the end of the second trimester, which, at the time, corresponded to the point at which a fetus was thought to achieve “viability,” i.e., the ability to survive outside the womb. Although the Court acknowledged that States had a legitimate interest in protecting “potential life,”1 it found that this interest could not justify any restriction on previability abortions. The Court did not explain the basis for this line, and even abortion supporters have found it hard to defend Roe’s reasoning. One prominent constitutional scholar wrote that he “would vote for a statute very much like the one the Court end[ed] up drafting” if he were “a legislator,” but his assessment of Roe was memorable and brutal: Roe was “not constitutional law” at all and gave “almost no sense of an obligation to try to be.”2

At the time of Roe, 30 States still prohibited abortion at all stages. In the years prior to that decision, about a third of the States had liberalized their laws, but Roe abruptly ended that political process. It imposed the same highly restrictive regime on the entire Nation, and it effectively struck down the abortion laws of every single State.3

1 Roe v. Wade, 410 U. S. 113, 163 (1973). 2J. Ely, The Wages of Crying Wolf: A Comment on Roe v. Wade, 82 Yale L. J. 920, 926, 947 (1973) (Ely) (emphasis deleted). 3L. Tribe, Foreword: Toward a Model of Roles in the Due Process of Life and Law, 87 Harv. L. Rev. 1, 2 (1973) (Tribe).

——————

Full Text to the decision is found as the first link in this article at SCOTUSblog. I also found the decision without going to the blog at the Supreme Court – SCOTUS Opinion. The SCOTUS Opinion begins on page 9 following the Syllabus.

God bless you always,

Nancy Montgomery


© 2022 Nancy Montgomery – ORCatholic.com
Views and opinions found in links on this site are not necessarily those of ORCatholic.com.

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