Supreme Court overturns Roe v. Wade; states can ban abortion
WASHINGTON — The Supreme Court on Friday stripped away the nation's constitutional protections for abortion that had stood for nearly a half-century. The decision by the court's conservative majority overturned the landmark Roe v. Wade ruling and is expected to lead to abortion bans in roughly half the states.
The ruling, unthinkable just a few years ago, was the culmination of decades of efforts by abortion opponents, made possible by an emboldened right side of the court fortified by three appointees of former President Donald Trump.
Both sides predicted the fight over abortion would continue, in state capitals, in Washington and at the ballot box. Justice Clarence Thomas, part of Friday's majority, urged colleagues to overturn other high court rulings protecting same-sex marriage, gay sex and the use of contraceptives.
Pregnant women considering an abortion already were dealing with a near-complete ban in Oklahoma and a prohibition after roughly six weeks in Texas. Clinics in at least two other states, Wisconsin and West Virginia, stopped performing abortions after Friday's decision.
Abortion foes cheered the ruling, but abortion-rights supporters, including President Joe Biden, expressed dismay and pledged to fight to restore the rights.
“It's a sad day for the court and for the country,” Biden said at the White House. He urged voters to make it a defining issue in the November elections, declaring, “This decision must not be the final word.”
Marjorie Dannenfelser, president of SBA Pro-Life America, agreed about the political stakes.
“An entirely new pro-life movement begins today. We are ready to go on offense for life in every single one of those legislative bodies, in each statehouse and the White House,” Dannenfelser said in a statement.
The ruling came more than a month after the stunning leak of a draft opinion by Justice Samuel Alito indicating the court was prepared to take this momentous step.
It puts the court at odds with a majority of Americans who favored preserving Roe, according to opinion polls.
Alito, in the final opinion issued Friday, wrote that Roe and Planned Parenthood v. Casey, the 1992 decision that reaffirmed the right to abortion, were wrong had to be be overturned.
“We therefore hold that the Constitution does not confer a right to abortion. Roe and Casey must be overruled, and the authority to regulate abortion must be returned to the people and their elected representatives,” Alito wrote, in an opinion that was very similar to the leaked draft.
Joining Alito were Thomas and Justices Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett. The latter three justices are Trump appointees. Thomas first voted to overrule Roe 30 years ago.
Four justices would have left Roe and Casey in place.
The vote was 6-3 to uphold the Mississippi law, but Chief Justice John Roberts didn't join his conservative colleagues in overturning Roe. He wrote that there was no need to overturn the broad precedents to rule in Mississippi's favor.
Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan — the diminished liberal wing of the court — were in dissent.
“With sorrow—for this Court, but more, for the many millions of American women who have today lost a fundamental constitutional protection—we dissent,” they wrote, warning that abortion opponents now could pursue a nationwide ban “from the moment of conception and without exceptions for rape or incest.”
The ruling is expected to disproportionately affect minority women who already face limited access to health care, according to statistics analyzed by The Associated Press.
Attorney General Merrick Garland said in a statement that the Justice Department will protect providers and those seeking abortions in states where it is legal and also "work with other arms of the federal government that seek to use their lawful authorities to protect and preserve access to reproductive care.”
In particular, Garland said that the federal Food and Drug Administration has approved the use of Mifepristone for medication abortions.
More than 90% of abortions take place in the first 13 weeks of pregnancy, and more than half are now done with pills, not surgery, according to the Guttmacher Institute, a research group that supports abortion rights.
Mississippi’s only abortion clinic, which was at the center of Friday's case, continued to see patients Friday. Outside, men used a bullhorn to tell people inside that they would burn in hell. Clinic escorts wearing colorful vests used large speakers to blast Tom Petty’s “I Won’t Back Down” at the protesters.