The Supreme Court has ended constitutional protections for abortion that had been in place nearly 50 years in a decision by its conservative majority to overturn Roe v. Wade. Friday’s outcome is expected to lead to abortion bans in roughly half the states.
Joining Alito were Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. The latter three justices are Trump appointees. Thomas first voted to overrule Roe 30 years ago.
Thirteen states, mainly in the South and Midwest, already have laws on the books that ban abortion in the event Roe is overturned. Another half-dozen states have near-total bans or prohibitions after 6 weeks of pregnancy, before many women know they are pregnant. The Biden administration and other defenders of abortion rights have warned that a decision overturning Roe also would threaten other high court decisions in favor of gay rights and even potentially, contraception.
With sorrow — for this Court, but more, for the many millions of American women who have today lost a fundamental constitutional protection — we dissentChanging the composition of the court has been central to the anti-abortion side’s strategy. Mississippi and its allies made increasingly aggressive arguments as the case developed, and two high-court defenders of abortion rights retired or died.
States and the Department of Justice are waging court battles over the right to abortion that the Supreme Court outlined in Roe v. Wade. But in 1992, Planned Parenthood v. Casey, a key case that was less widely known, paved the way for some abortion restrictions - as long as they didn't meet the definition of an "undue burden." With help from Florida State law professor Mary Ziegler, we break it down in this LXplanation.
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