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LIVE COVERAGE: Roe v. Wade OVERTURNED TODAY!
Wow! They did it: Roe v. Wade is OVERTURNED!! Call in to express your opinion!
For context: The Supreme Court on Friday overturned Roe v. Wade, effectively ending recognition of a constitutional right to abortion and giving individual states the power to allow, limit, or ban the practice altogether. The ruling came in the court's opinion in Dobbs v. Jackson Women’s Health Organization, which centered on a Mississippi law that banned abortion after 15 weeks of pregnancy. The Republican-led state of Mississippi asked the Supreme Court to strike down a lower court ruling that stopped the 15-week abortion ban from taking place. "We end this opinion where we began. Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives," Justice Samuel Alito wrote in the court's opinion. Alito's opinion began with an exploration and criticism of Roe v. Wade and its holding that while states have "a legitimate interest in protecting ‘potential life,'' this interest was not strong enough to prohibit abortions before the time of fetal viability, understood to be at about 23 weeks into pregnancy. "The Court did not explain the basis for this line, and even abortion supporters have found it hard to defend Roe’s reasoning," Alito wrote. Chief Justice John Roberts agreed that the viability line "never made any sense," but said he would have taken "a more measured course" with this case. Rather than overturn Roe v. Wade altogether, Roberts said he would have continued to recognize a right to get an abortion, and that the right should "extend far enough to ensure a reasonable opportunity to choose, but need not extend any further." The court's majority took a firmer stance against Roe v. Wade and the subsequent case Planned Parenthood v. Casey, holding "that Roe and Casey must be overruled." They countered the Roberts concurrence by claiming that such an approach "would only put off the day when we would be forced to confront the question we now decide."
The court described how the Roe opinion did not specifically explain where the right to abortion came from, rather it provided several areas of the Constitution that might provide such a right. Alito wrote that the Casey decision "did not defend this unfocused analysis," instead grounding the right in the "liberty" protected by the Due Process Clause of the Fourteenth Amendment.
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