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On Friday morning, the Supreme Court issued its long-awaited ruling on the Dobbs v. Jackson Women’s Health Organization case, effectively overturning the 1973 Roe v. Wade decision as well as Planned Parenthood v. Casey.
In a 5-1-3 ruling, the court ruled in favor of returning the issue of abortion to the states to decide.
The majority opinion, written by Justice Samuel Alito, held “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.”
“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,” the majority opinion reads.
Justices Kagan, Sotomayor, and Breyer dissented.
Under the 10th Amendment of the U.S. Constitution, any matter that is not explicitly delegated to the federal government must be reserved for the states.
The text of the 10th Amendment reads:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
The premise of Dobbs v. Jackson Women’s Health Organization is a challenge to a Mississippi law banning nearly all abortions after 15 weeks gestation.
The Supreme Court heard oral arguments on the case in December and wrote a draft opinion last month which was illegally leaked to the press.
The draft opinion, which the court has authenticated, suggested that the court was prepared to hold that abortion is a state’s right. Left-wing activists immediately resorted to intimidation tactics and even violent means to show their disapproval of the potential coming decision. U.S. Marshals now stand guard at the justices’ homes.
A violent response is expected to result from the court overturning the federal legalization of abortions.
Editor’s Note: This article has been updated to reflect accurate ruling information.
