Weeks after a leaked Supreme Court draft opinion threatened to roll back Roe v. Wade, a final decision this morning did just that with a majority of justices casting votes to return authority over abortion rights to individual states.
The ruling reverses 50 years of precedent from the landmark 1973 case that gave women in the U.S. the right under federal law to terminate a pregnancy, and a subsequent 1992 decision — Planned Parenthood v. Casey — that largely maintained the right.
The case, from Mississippi, is called Dobbs V Jackson Women’s Health Organization.
“The Court finds that the right to abortion is not deeply rooted in the Nation’s history and tradition” says today’s opinion, in language very similar to the leaked draft of earlier this year,” the decision said.
“The Constitution does not confer a right to abortion; Roe and Casey
are overruled; and the authority to regulate abortion is returned to the
people and their elected representatives.”
The draft opinion, penned by Justice Samuel Alito, with Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett joining him in the majority to overturn Roe, was leaked to Politico in early May.
This vote was a very clear 6-3 with Chief Justice Roberts concurring in part and Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan dissenting.