U.S. Supreme Court - Majority Opinion in Dobbs v. Jackson Women's Health

Aug 18, 2022

The U.S. Supreme Court's majority opinion in Dobbs v. Jackson Women's Health marks a historic reversal of Roe v. Wade, reshaping abortion laws in America. The ruling underscores the lack of a constitutional right to abortion, emphasizing state authority instead. Historical biases in abortion legislation are examined, uncovering intricate connections to demographic considerations. Legal critiques challenge previous precedents and the rationale behind abortion rights. Overall, the decision opens new pathways for the pro-life movement amidst complex legal and moral discussions.

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INSIGHT

Constitution and Roe v. Wade

The Constitution does not explicitly confer a right to abortion.
Roe v. Wade imposed a uniform abortion regime, striking down state laws and sparking national controversy.

INSIGHT

Historical roots of abortion laws

Historical analysis shows abortion was criminalized at all stages in most states by 1868.
The abortion right recognized in Roe and Casey lacks deep roots in American legal tradition.

INSIGHT

Due Process and Abortion Rights

The Due Process Clause protects fundamental rights that are deeply rooted in history.
Abortion does not meet this standard and thus is not a fundamental constitutional right.

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"The Constitution does not confer a right to abortion; Roe and Casey are overruled."

On June 24, 2022, the US Supreme Court overturned the Roe v. Wade ruling of 1973, restoring the authority of individual states to regulate abortion. The landmark ruling came on a 6-3 vote, with Justice Samuel Alito writing for the majority. Justices Thomas, Gorsuch, Kavanaugh, and Barrett joined in the opinion, with Chief Justice Roberts adding a concurring opinion. Justices Breyer, Sotomayor, Kagan filed a vigorous dissent. The Court’s decision did not outlaw abortion, but instead allows for individual states to make their own laws regarding the practice.

Note: The Court’s decision is ultimately rooted in historical positive law (a form of legal positivism) and not in the natural law, since it asserts it is somehow appropriate for the States to decide whether abortion is to be permitted. In this sense, the decision may well be Constitutional, but it is not moral. It is in no way a Catholic statement. Although we recognize that the decision is not consistent with the Catholic Faith or the natural law, it is a very important decision in that it eliminates the idea that abortion is a Constitutional right and opens up more possibilities for the success of the pro-life movement in eliminating the scourge of abortion in the United States. Therefore, as a matter of significant historical, Constitutional and moral interest, we have decided to make the text of the decision available as a Catholic Culture Audiobook.

The majority opinion is read here in its entirety. The opinion features a great number of quotations and case citations. For the sake of aural comprehension, not every quotation has been identified as such nor every citation named. Footnotes and appendices have not been read.

Links

Full text: https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf

Donate at: http://www.catholicculture.org/donate/audio