As the dust settles from Friday morning’s Supreme Court’s Dobbs decision, which overturned both Roe v Wade and Casey; the loss of a national Constitutional right to abortion has millions of unhinged pro-abortion activists freaking out in the streets and online.
Roe, which was the law of the land for 49 years, was considered by many legal scholars to be full of errors and was judicial activism. The justices in 73 created a right for abortion even though it did not exist in the text of the Constitution.
Justice Harry Blackmun, writing for the majority opinion in Roe v. Wade, said that the court held a woman’s right to an abortion was implicit in the right to privacy protected under the 14th Amendment.
But the court then acknowledged the state’s interest in protecting the “potential of human life.”
The court established a “trimester” framework for the legality of abortions:
- First Trimester (up to 12 weeks): Gives a woman an absolute right to an abortion in the first three months of pregnancy.
- Second Trimester (up to 28 weeks: This allows the government to regulate abortion in order to protect the mother’s health, but cannot ban it.
- Third Trimester (up to 40 weeks): Because the fetus is considered “viable” — can survive on its own outside the womb (about 24 weeks of pregnancy) — states can prohibit abortion except in cases when the mother’s life is at risk.
In 1992, the trimester framework was overturned in a ruling in the Supreme Court case known as Planned Parenthood v. Casey. The justices reaffirmed a woman’s right to an abortion under Roe.
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Florida Gov. Ron DeSantis (R) vowed that his state will work to expand its abortion restrictions after the Supreme Court on Friday upended the landmark Roe v. Wade decision.
“Florida will continue to defend its recently-enacted pro-life reforms against state court challenges, will work to expand pro-life protections and will stand for life by promoting adoption, foster care, and child welfare,” DeSantis said in a statement.
By properly interpreting the Constitution, the Supreme Court has answered the prayers of millions upon millions of Americans. pic.twitter.com/CsPFpNnUPk
— Ron DeSantis (@GovRonDeSantis) June 24, 2022
Florida’s new abortion law is set to take effect next week and will restrict abortions after 15 weeks, with no exceptions for rape or incest.
“By properly interpreting the Constitution, the Supreme Court has answered the prayers of millions upon millions of Americans,” DeSantis said.
The Supreme court while considering the legality of Dobbs, a 15-week abortion ban in Mississippi, decided to also override previous rulings of Roe and Casey by a 5-4 vote.
“We hold that Roe and [Planned Parenthood v. Casey] must be overruled. The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision,” Justice Samuel Alito wrote for the majority. “This Court cannot bring about the permanent resolution of a rancorous national controversy simply by dictating a settlement and telling the people to move on.”
The Florida Supreme Court has previously ruled that the state’s constitutional privacy amendment protects abortion rights there beyond federal law. It will be interesting to see how they interpret abortion laws after Friday’s SCOTUS ruling.
Republicans hold control of both chambers of the Florida Legislature and have been very responsive to the policy wishes of Governor DeSantis.
It is unclear how the 50 states will function when it comes to issues like abortion.
Women in states which outlaw abortions, will be able to cross over state lines until reaching a state that permits them.
What happens if the women die from procedures out of state? Does the Constitution require the federal government to monitor the interstate commerce of abortions?
Either way, it was a good day for babies in conservative states, but not so good for those whose mothers still live in pro-death states like California.
I am praying for a revival and for wisdom on how to reach out to those with calloused hearts, who are demanding abortion rights, in the USA.