Author Archives: Joseph Burns and Kerry Dooley Young

About Joseph Burns and Kerry Dooley Young

Joseph Burns is AHCJ’s topic leader on health reform. Kerry Dooley Young is an independent journalist and AHCJ's core topic leader on patient safety.

SCOTUS strikes down Roe as expected; half of states likely to ban abortion

Photo by Elvert Barnes via Flickr.

The U.S. Supreme Court (SCOTUS) handed down its expected decision in the highly anticipated Dobbs v. Jackson Women’s Health Organization case Friday morning, finding no constitutional basis for abortion.

The court, voting 6-3, now leaves the issue to state governments. Missouri was the first state to execute its trigger ban, prohibiting all abortion in the state.

The decision to overturn the right to abortion upends a precedent established in 1973 and re-affirmed in 1992, as Amy Howe reported for SCOTUS blog. “In one of the most anticipated rulings in decades, the court overturned Roe, which first declared a constitutional right to abortion in 1973, and Planned Parenthood v. Casey, which re-affirmed that right in 1992.”

Journalists should note that Howe reported the vote as 5-4, writing this: “The vote to overturn Roe was 5-4.  Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett joined Alito’s opinion. Chief Justice John Roberts did not join the opinion. He agreed with the majority that the Mississippi abortion restriction at issue in the case should be upheld, but in a separate opinion, he argued that the court should not have overturned Roe.”

At The New York Times, Adam Liptak wrote that the decision will transform American life, reshape the nation’s politics and lead to all but total bans on the procedure in about half of the states. “The ruling will test the legitimacy of the court and vindicate a decades-long Republican project of installing conservative justices prepared to reject the precedent, which had been repeatedly reaffirmed by earlier courts,” he added. Also, the decision will be one of the legacies of former President Donald J. Trump, who named three justices who were in the majority, he noted.

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