Supreme Court overturns Roe vs. Wade
LAWTON, Okla. (KSWO) - The Supreme Court overturned Roe v. Wade today, in a ruling which had been foreshadowed since a leaked draft opinion in May. The new decision will now push the issue of abortion rights to the states, allowing each state the right to follow the majority view of its residents. In the ruling the justices called abortion, “a profound moral issue on which Americans hold sharply conflicting views.”
The basis of the decision held that abortion rights were not part of a right to privacy within the Fourteenth Amendment, as thought to be the case in the Planned Parenthood of Southeastern Pa. v. Casey ruling. Officials also ruled that the right to abortion was not a part of a right to privacy in the First, Fourth, Fifth, or Ninth Amendment, which was the ruling in the Roe v. Wade. The Court also examined if the right to obtain an abortion was part of the history and tradition of the Nation. However, the decision says, rights to abortion were not established until the latter part of the 20th century. Making it difficult to determine if it is an essential component of “ordered liberty,” which has long been a controversial aspect of the Casey decision.
The ruling vindicates years of Republican preparations to place justices on the court, who value conservative ideals. It will also stand as a living legacy of former President Donald Trump, who vowed to name justices who would overrule Roe v. Wade. All three of his appointed justices ruled within the majority in the 6 to 3 ruling.
For most Americans, abortion has become not just a moral stance, but a political stance as well. As each state now lines up to decide how they will approach abortion regulation, officials fear it may push the U.S. into an even more polarized political era. However, it does open the opportunity for states to evaluate the needs, rights, and beliefs of each of their constituents. Giving them the ability to follow the moral standard and political majority for their state.
The decision also enacted numerous “trigger-laws,” across over thirteen states, which banned abortion the moment Roe v. Wade was overturned. Bans in Kentucky and Louisiana went into effect immediately, while bans in Arkansas, Missouri, North Dakota, and Utah will take effect following certification of the Supreme Court ruling by a state governing body. However, trigger bans in Mississippi, Wyoming, Idaho, Tennessee, and Texas may take a bit longer. Governor Kevin Stitt has already banned abortion in the state of Oklahoma, but this ruling will help to solidify the bill on a federal level.
In response, President Biden announced that he will now focus on eliminating barriers to accessing medication-based abortion, while challenging state law that criminalize out-of-state travel to receive an abortion. Biden can also choose to declare a public health emergency, which would allow doctors to practice in states where they are not licensed.
As more and more states choose to ban abortion, officials fear it will send an influx of people to other states who still allow abortion. While health officials warn that banning abortion could cause widespread harm, as patients who have no means to travel to another state, turn to unsafe abortion methods.
To read the full Supreme Court Decision, click here.
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