US Supreme Court overturns Roe v Wade in 6-3 decision
The US Supreme Court has struck down the Roe v Wade decision that previously legalised abortion across the United States in 1973.
The 6-3 decision in Dobbs v Jackson Women’s Health Organization followed the early May leak of a draft opinion indicating that the Justices would overturn Roe v Wade.
Abortion law in the US is principally governed by both the 1973 Roe v Wade decision and the 1992 Planned Parenthood vs Casey decision, which created a right to abortion out of the right to privacy. Both have been overturned by the decision released today.
Prominent Telegraph journalist Tim Stanley welcomed the decision on Twitter: “I never imagined I would see it undone, though Roe v Wade was patently flawed. Abortion has not been banned; it’s been handed back to the states, where it’s now the business of advocates to argue for or against & citizens to vote their conscience. It’s the beginning of a thousand battles”.
“I’ll take any political loss over a win for life. Sack me, mock me, marginalise me, whatever, I absolutely don’t care because it’s the one solid battle I’ll go over the top for. It’s the litmus test for who we are”.
Decisions on abortion will be returned to individual states
Today’s decision will return the matter of abortion legislation to individual states. This will not introduce a total ban on abortion throughout the United States, instead, individual states would decide on their own abortion legislation.
In practice, this would likely result in liberal States, such as New York, having very permissive abortion laws, and a number of conservative States having abortion laws that would include full protections for unborn children.
According to pro-abortion think tank Guttmacher Institute, 16 states and the District of Columbia have laws that explicitly protect the “right” to abortion to varying degrees, meaning abortion would likely continue to be available in these states.
The pro-abortion think tank, which was previously the research arm of abortion provider Planned Parenthood, also indicates that 26 states are “certain or likely” to introduce restrictions that would protect unborn children from abortion. Nine states have pre-Roe restrictions on abortion that could potentially be enforced if the ruling is overturned, and 13 states have what abortion advocates have labelled as “trigger bans” in place, meaning that abortion restrictions would be in place in these states if Roe was overturned.
For the remaining states, there would soon likely be new legislation proposed by both pro-abortion and pro-life advocates to change abortion legislation in each of these individual states. Which legislation is passed would depend on the make-up of each state’s legislature and public demand for changes in legislation from people in that State.
US Supreme Court overturns Roe v Wade Right To Life UK
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