According to the Guttmacher Institute, 16 states are now “certain or likely” to ban abortion
The Supreme Court has overturned Roe v. Wade, declaring it “egregiously wrong from the start,” rendering abortion illegal or severely restricted in roughly half the country. The majority opinion is by Justice Samuel Alito, joined by Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. Chief Justice John Roberts wrote a separate opinion arguing the Court could have ruled more narrowly but agreed with the outcome. The three Democratic appointees dissented.
The dissenters warned that the sweeping impact of the decision would not end at state borders, and that nowhere in the United States would be safe from its reach. “Most threatening of all, no language in today’s decision stops the Federal Government from prohibiting abortions nationwide, once again from the moment of conception and without exceptions for rape or incest,” they write. “If that happens, ‘the views of [an individual State’s] citizens’ will not matter.
The near-half-century of a national constitutional right to abortion was a product of a bygone bipartisan consensus. Roe v. Wade, decided by a 7–2 margin in 1972, was written by a Richard Nixon appointee, and at the time, support for abortion rights, while by no means universal, crossed party lines.
In June 2020, Mississippi asked the Supreme Court to allow it to ban abortion at 15 weeks. The stated aim was to challenge a line Casey had sanctified and every lower court had repeatedly upheld: That states could not ban abortion before fetal viability, when theoretically a fetus could survive on its own, which states put at about 24 weeks.
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