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U.S. Supreme Court overturns Roe v. Wade, returning abortion law to states
Publisher's Note: This post appears here courtesy of the Carolina Journal. The author of this post is David Larson.
The U.S. Supreme Court has overturned the precedent surrounding abortion law in the United States that guaranteed women access to abortions through a constitutional right to privacy. Both the Roe v. Wade decision of 1973 and the Planned Parenthood v. Casey case of 1992 were overturned.
The court ruled 6-3 to uphold a law banning abortions, with a 5-4 majority agreeing to overturn the Roe and Casey abortion precedents.
Judge Samuel Alito delivered the opinion, with Justices Thomas, Kavanaugh, Gorsuch, and Coney Barrett joined with this opinion. Chief Justice John Roberts filed a concurring opinion. Justices Breyer, Sotomayor, and Kagan filed dissenting opinions.
The conclusion of the opinion states, "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. The judgment of the Fifth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion. It is so ordered."
Read the full decision below:
https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf
U.S. Sen. Thom Tillis, NC-R, reacted in a press release:
"This ruling is historic and monumental and affirms my belief that all life is sacred. Each state government and its duly elected representatives will now make the determination about the types of laws they wish to have in place. I, for one, will continue to advocate for commonsense measures that the broad majority of Americans support like protecting life at crucial points of development and prohibiting horrendous procedures like partial-birth and pain-capable abortions. This is a very emotional and sensitive issue for many Americans, and I urge calm and respect for the Court's decision and hope people who have strong feelings on both sides will voice them peacefully."
The North Carolina Democratic Party released a statement, saying:
The N.C. Republican Party released a statement saying:
"The North Carolina Republican Party commends the Supreme Court of the United States in its decision to overturn the unconstitutional and flawed precedent set by Roe v. Wade decades ago.
As the majority ruling spells out, there is no 'Right to Abortion' in the United States Constitution. The fight for the Sanctity of Life now has a new front in Raleigh and other state capitals rather than in Washington, DC. We welcome this ruling as a victory for federalism and an historic opportunity for the People of North Carolina, and those around the nation, to voice their values through elected representatives."
"The Supreme Court has restored a Constitutional stance in our nation when it comes to the Sanctity of Life," said NCGOP Chairman Michael Whatley. "I am proud of the work that thousands of Republican Activists across North Carolina have done for years to elect pro-life candidates to the Senate, Congress and the State Legislature. We will continue fighting from now through Election Day and beyond to ensure that we have pro-life majorities as we enter a post-Roe future."
Gov. Roy Cooper released a statement on Twitter saying:
U.S. Rep. Dan Bishop, R-NC9, published a statement applauding the end of Roe, saying,
"Every human life is sacred, including the unborn. Thankfully, today's Supreme Court decision underscores that. This decision is a foundational victory for our nation, allowing us to more perfectly carry out the promises of Life, Liberty, and the Pursuit of Happiness enshrined in the Declaration of Independence. In nearly 50 years since Roe, nearly 63 million lives have been lost to government-sanctioned killings - a barbaric practice of ripping babies from their mothers' wombs. Now, Roe v. Wade will finally be joining Dredd Scott and Plessy v. Ferguson where it belongs, in the ash heap of history.
"I also applaud the Court's conservative Justices for their unwavering courage in the face of an unprecedented intimidation campaign. Never has there been a Supreme Court decision leak such as this one and shame on President Biden and Congressional Democrats for being silent about such a horrific act of judicial intimidation. Even more disgraceful, the President of the United States said nothing as mobs showed up at Justices' homes, nor again when there was an assassination attempt against Justice Kavanaugh and his family. Today is a day to celebrate the protection of human life, but we should not forget the radical left's dreadful attempts at preventing it from happening."
Go Back
The U.S. Supreme Court has overturned the precedent surrounding abortion law in the United States that guaranteed women access to abortions through a constitutional right to privacy. Both the Roe v. Wade decision of 1973 and the Planned Parenthood v. Casey case of 1992 were overturned.
The court ruled 6-3 to uphold a law banning abortions, with a 5-4 majority agreeing to overturn the Roe and Casey abortion precedents.
Judge Samuel Alito delivered the opinion, with Justices Thomas, Kavanaugh, Gorsuch, and Coney Barrett joined with this opinion. Chief Justice John Roberts filed a concurring opinion. Justices Breyer, Sotomayor, and Kagan filed dissenting opinions.
The conclusion of the opinion states, "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. The judgment of the Fifth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion. It is so ordered."
Read the full decision below:
https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf
U.S. Sen. Thom Tillis, NC-R, reacted in a press release:
"This ruling is historic and monumental and affirms my belief that all life is sacred. Each state government and its duly elected representatives will now make the determination about the types of laws they wish to have in place. I, for one, will continue to advocate for commonsense measures that the broad majority of Americans support like protecting life at crucial points of development and prohibiting horrendous procedures like partial-birth and pain-capable abortions. This is a very emotional and sensitive issue for many Americans, and I urge calm and respect for the Court's decision and hope people who have strong feelings on both sides will voice them peacefully."
The North Carolina Democratic Party released a statement, saying:
#NCPOL #NCSEN: .@NCDemParty Responds To SCOTUS Decision On Dobbs v. Jackson pic.twitter.com/1a7odeiztB
— Ellie Dougherty (@elliemdougherty) June 24, 2022
The N.C. Republican Party released a statement saying:
"The North Carolina Republican Party commends the Supreme Court of the United States in its decision to overturn the unconstitutional and flawed precedent set by Roe v. Wade decades ago.
As the majority ruling spells out, there is no 'Right to Abortion' in the United States Constitution. The fight for the Sanctity of Life now has a new front in Raleigh and other state capitals rather than in Washington, DC. We welcome this ruling as a victory for federalism and an historic opportunity for the People of North Carolina, and those around the nation, to voice their values through elected representatives."
"The Supreme Court has restored a Constitutional stance in our nation when it comes to the Sanctity of Life," said NCGOP Chairman Michael Whatley. "I am proud of the work that thousands of Republican Activists across North Carolina have done for years to elect pro-life candidates to the Senate, Congress and the State Legislature. We will continue fighting from now through Election Day and beyond to ensure that we have pro-life majorities as we enter a post-Roe future."
Gov. Roy Cooper released a statement on Twitter saying:
Gov. Cooper's statement on Supreme Court overturning Roe v. Wade: pic.twitter.com/fb0hLIEMHo
— Governor Roy Cooper (@NC_Governor) June 24, 2022
U.S. Rep. Dan Bishop, R-NC9, published a statement applauding the end of Roe, saying,
"Every human life is sacred, including the unborn. Thankfully, today's Supreme Court decision underscores that. This decision is a foundational victory for our nation, allowing us to more perfectly carry out the promises of Life, Liberty, and the Pursuit of Happiness enshrined in the Declaration of Independence. In nearly 50 years since Roe, nearly 63 million lives have been lost to government-sanctioned killings - a barbaric practice of ripping babies from their mothers' wombs. Now, Roe v. Wade will finally be joining Dredd Scott and Plessy v. Ferguson where it belongs, in the ash heap of history.
"I also applaud the Court's conservative Justices for their unwavering courage in the face of an unprecedented intimidation campaign. Never has there been a Supreme Court decision leak such as this one and shame on President Biden and Congressional Democrats for being silent about such a horrific act of judicial intimidation. Even more disgraceful, the President of the United States said nothing as mobs showed up at Justices' homes, nor again when there was an assassination attempt against Justice Kavanaugh and his family. Today is a day to celebrate the protection of human life, but we should not forget the radical left's dreadful attempts at preventing it from happening."
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