Now that the draft opinion from the most notable and highly anticipated Supreme Court case to come before the court has been released, below are some facts and quotes from the current majority opinion:
Alito’s draft opinion references the lack of language in the Constitution referencing the right to abortion. Rights that are not mentioned in the Constitution that SCOTUS can uphold must be “deeply rooted in this Nation’s rich history” and “implicit in the concept of ordered liberty.” This is the justification for the initial opinion in Roe v. Wade. (Note: at the time of the opinion release in 1973, 30 of the 50 states BANNED abortion at ALL stages.)
What is Stare Decisis? This is the principle that calls for prior decisions to be followed in most instances. This is commonly referenced in why Roe should not be overturned. Per Alito’s opinion “proper application of Stare Decisis required an assessment of the strength of the grounds on which Roe was based.” Alito states that improper application was used in the 1992 case of Planned Parenthood v. Casey.
In arguing for Roe v. Wade to be the continued law of the land, the Solicitor General stated in oral arguments that if the Mississippi law was upheld that Roe v. Wade MUST be overturned.
Alito’s opinion also states “Roe, however, was remarkably loose in the constitutional text. It held that the abortion right, which is not mentioned in the Constitution, is part of a right to privacy, which is also not mentioned.”
And finally, the opinion acknowledges the potential events and fallout that might occur after the opinion was to be released, which now will most likely happen between today and the official opinion. “We do not pretend to know how our political system or society will respond to today’s decision overruling Roe and Casey. And even if we could foresee what will happen, we would have no authority to let that knowledge influence our decision. We can only do our job, which is to interpret the law, apply longstanding principles of stare decisis, and decide this case accordingly. We therefore hold that the Constitution does not confer a right to abortion. Roe and Casey must be overruled, and the authority to regulate abortion must be returned to the people and their elected representatives.”