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The Supreme Court today overturned the 49-year-old right of women to abortion in the Dobbs v. Jackson Women’s Health Organization with Mississippi Department of Health Officer Thomas E. Dobbs.
In the 6-3 decision, Justice Samuel Alito wrote opinions in favor of the majority, including Chief Justice John Roberts and Justices Neil Gorsuch, Brett Kavanagh, Amy Connie Barrett and Clarence Thomas. Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan disagreed.
Alito said the constitution does not give the right to abortion. Controlling abortion is now a decision that goes back to the states, he said.
An estimated 26 states are expected to implement abortion restrictions.
Prior to Rowe v. Wade in 1973, 30 states had abortion restrictions, Alito writes. Rowe v. Casey in 1992 allowed some abortion restrictions.
Alito said abortion is not part of the Constitution’s definition of freedom, nor is it an integral part of greater access to privacy.
“The case in which Rowe and Casey sharply separate abortion rights from recognized rights is something that both of these decisions have acknowledged: abortion is different because it calls Roke a ‘possible life’ and in this case destroys those whom the law has challenged.” Unborn people ‘, writes Alito.
Alito said: “We believe that Rowe and Casey must be abolished. The Constitution makes no mention of abortion and no such right is inherently protected by any constitutional provision on which Rowe and Casey’s defenders now rely primarily – the due process of the Fourteenth Amendment. Clause: This provision is to guarantee certain rights not mentioned in the constitution, but such a right must be “deeply rooted in the history and heritage of this nation” and “inherent in the concept of order. Freedom.”
“It is time to pay attention to the constitution and return the issue of abortion to the elected representatives of the people,” he added.
The Supreme Court case is based on the Mississippi Gestational Age Act, which generally prohibits abortion after the 15th week of pregnancy. – A few weeks ago a fetus was considered effective outside the womb.
Chief Justice John Roberts said the question in Dobbs v. Jackson Women’s Health Agency is whether all pre-operative bans on electoral abortion are unconstitutional.
“Calling for our review, Mississippi said its case was ‘an ideal vehicle for reconsidering the bright-line effectiveness rule’, and that it would not need to dismiss the court ‘Rowe v. Wade’ and Southeastern v. Casey.” Planned Parenthood. Today, the court still rules for Mississippi. “
Disagreeing with the verdicts, Justices Breyer, Sotomayor and Kagan said, “It states that a woman has no right to speak from the moment of infertility. A state can force her to conceive, even in the most extreme cases. According to the law, whenever reasonable, the law allows for the lowest level of screening, and since the courts have often said that it is reasonable to protect the life of the fetus, the states will legislate without hesitation. Although under majority rule, other state laws may do so after ten weeks or after five or three or one. – Or, again, from the moment of fertilization. “
What is the effect?
Greer Donnelly, an assistant professor at the University of Pittsburgh Law School, said the ruling would affect all providers.
“It’s going to affect all providers. States that prohibit abortions, hospitals are an entity. Life-saving abortions are necessary.”
Each state will be different, Donnelly said. Providers need to look at individual state laws, whether there are exceptions to maternal life or to protect maternal health.
“Then they have to find out in real time who the person is presenting to their ER,” he said. “These are going to be exceptionally complex.”
Today’s decision follows a leaked opinion poll in May.
The AMA and more than two dozen medical firms filed an amicus brief in the Supreme Court in the Mississippi case, saying “abortion is a safe, common and essential component of healthcare.”
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