“D” Day: Dobbs reverses Roe v. Wade, returning Abortion to the States

“D” Day: Dobbs reverses Roe v. Wade, returning Abortion to the States

WASHINGTON D.C. — The Supreme Court today overturned Roe v. Wade and Planned Parenthood of Southeastern Pa v. Casey, thus ending 49 years of aberrant federal law purporting to establish a constitutional “right” to abortion.  The high court’s decision in Dobbs v. Jackson Women’s Health Organization corrects what it called Roe‘s “exercise of raw judicial power” to return the issue to the people in the individual states.

Vice President of Legal Affairs for the Right to Life League, Susan S. Arnall, Esq., applauded the ruling, saying, “Today we celebrate a victory for Life!  The League has worked for nearly 50 years for this historic day.  Tomorrow we will continue the fight against abortion in California where it all began in 1967, but today is a day to celebrate a momentous victory for the pro-life movement.”

The Court issued its slip opinion officially overturning Roe. on Friday, June 24st, following the unprecedented May 3rd leak of Justice Alito’s draft opinion in Dobbs

Writing a brilliant opinion for the majority, Justice Alito eloquently described the many legal errors of the “exceptionally weak” Roe decision and how Casey further compounded those errors.

We hold that Roe and Casey must be overturned.  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 and Casey 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.” [citation omitted].

The right to abortion does not fall within this category.  Until the later part of the 20th century, such a right was entirely unknown in American law….

Stare decisis, the doctrine on which Casey’s controlling opinion was based, does not compel unending adherence to Roe’s abuse of judicial authority. Roe was egregiously wrong from the start….

It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives. “The permissibility of abortion, and the limitations, upon it, are to be resolved like most important questions in our democracy: by citizens trying to persuade one another and then voting.” [citing Justice Scalia’s separate opinion in Casey] That is what the Constitution and the rule of law demand….

The inescapable conclusion is that a right to abortion is not deeply rooted in the Nation’s history and traditions.

The majority opinion concluded by clearly delineating where the battle for life will continue:

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 the authority to the people and their elected representatives.

With the overturning of Roe v. Wade, laws in a majority of states will now restrict abortion on demand to one degree or another.  Yet, in California and many other states, abortion on demand until birth – and even after birth in California if AB 2223 passes – will continue unabated.

The Supreme Court has returned power to end abortion to the American people. We must engage in the political process to oppose abortion nationally, state-by-state and locally to advocate for the unborn and elect pro-life representatives at all levels who will defend the right to life.

Susan Swift Arnall, Esq.
susan@righttolifeleague.org

Civil Right attorney for the Unborn, Wife and Mother of 7. Member California State Bar, SAG/AFTRA.