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As Expected, High Court Overrules Roe v. Wade, 6 to 3



The Supreme Court overruled the historic 1973 Roe. v. Wade decision granting abortion rights, potentially criminalizing the procedure in many states.


Justice Samuel Alito wrote for a 6-to-3 majority, "The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe ... now chiefly rely—the Due Process Clause of the Fourteenth Amendment.


"That provision has been held to guarantee some rights that are not mentioned in the Constitution, but any such right must be 'deeply rooted in this Nation’s history and tradition' and 'implicit in the concept of ordered liberty," Alito wrote, citing a 1997 high court ruling. "The right to abortion does not fall within this category."


In a concurring opinion, Justice Brett Kavanaugh said, "This Court has held that the Constitution protects unenumerated rights that are deeply rooted in this Nation’s history and tradition, and implicit in the concept of ordered liberty. But a right to abortion is not deeply rooted in American history and tradition."


The decision upheld a Mississippi law saying that “[e]xcept in a medical emergency or in the case of a severe fetal abnormality, a person shall not intentionally or knowingly perform . . . or induce an abortion of an unborn human being if the probable gestational age of the unborn human being has been determined to be greater than fifteen (15) weeks.”


Dissenting justices Stephen Breyer, Elena Kagan and Sonio Sotomator said, "Even in the face of public opposition, we uphold the right of individuals—yes, including women—to make their own choices and chart their own futures. Or at least, we did once."