SCOTUS did not make abortion a State issue
Posted on: August 25, 2024 at 15:50:12 CT
haeffb MU
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They determined there is no Constitutional right to abortion, overturning Roe and Casey.
They determined the Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion - leaving the Mississippi law in place.
Alito’s majority opinion returned the right to the people and their representatives:
“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 that authority to the people and their elected representatives.“
However, Kavanaugh’s concurrence made clear that meant States or Congress:
“On the question of abortion, the Constitution is therefore neither pro-life nor pro-choice. The Constitution is neutral and leaves the issue for the people and their elected representatives to resolve through the democratic process in the States or Congress—like the numerous other difficult questions of American social and economic policy that the Constitution does not address.”