The United States Supreme Court on Friday took the dramatic step of overturning the landmark 1973 Roe vs Wade ruling that recognised a woman's constitutional right to an abortion and legalised it nationwide, handing a momentous victory to Republicans and religious conservatives who want to limit or ban the procedure.
The court, in a 6-3 ruling powered by its conservative majority, upheld a Republican-backed Mississippi law that bans abortion after 15 weeks. The vote was 5-4 to overturn Roe, with Chief Justice John Roberts writing separately to say he would have upheld the Mississippi law but not taken the additional step of erasing the precedent altogether.
The justices held that the Roe vs Wade decision that allowed abortions performed before a fetus would be viable outside the womb — between 24 and 28 weeks of pregnancy — was wrongly decided because the U.S. Constitution makes no specific mention of abortion rights.
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A draft version of the ruling written by conservative Justice Samuel Alito indicating the court was likely to overturn Roe was leaked in May, igniting a political firestorm. Friday's ruling authored by Alito largely tracked his leaked draft.
"The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision," Alito wrote in the ruling.
Roe vs Wade recognized that the right to personal privacy under the US Constitution protects a woman's ability to terminate her pregnancy. The Supreme Court in a 1992 ruling called Planned Parenthood of Southeastern Pennsylvania vs Casey reaffirmed abortion rights and prohibited laws imposing an "undue burden" on abortion access.
"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," Alito added.
Overturning Roe vs Wade has long been a goal of Christian conservatives and many Republican officeholders.
By erasing abortion as a constitutional right, the ruling restores the ability of states to pass laws prohibiting it. Twenty-six states are seen as either certain or likely now to ban abortion. Mississippi is among 13 states already with so-called trigger laws designed to ban abortion if Roe v. Wade were to be overturned.
The court's three liberal justices — Stephen Breyer, Sonia Sotomayor and Elena Kagan — issued a jointly authored dissent.
"Whatever the exact scope of the coming laws, one result of today's decision is certain: the curtailment of women's rights, and of their status as free and equal citizens," they wrote.
As a result of Friday's ruling, "from the very moment of fertilisation, a woman has no rights to speak of. A state can force her to bring a pregnancy to term, even at the steepest personal and familial costs," the liberal justices added.
Crowds of anti-abortion activists, who had gathered outside the courthouse for days, erupted in cheers as news of the ruling spread.
House of Representatives Speaker Democrat Nancy Pelosi, a Democrat, denounced the decision, saying that a "Republican-controlled Supreme Court" has achieved that party's "dark and extreme goal of ripping away women's right to make their own reproductive health decisions."
Justice Brett Kavanaugh, in a concurring opinion, appeared to nix the idea advocated by a number of anti-abortion advocates, that the next step is for the court to declare that the Constitution outlaws abortion nationwide. "The Constitution neither outlaws abortion nor legalises abortion," he wrote.
First Published: Jun 24, 2022 10:30 PM IST
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