
From Liberty Counsel -
WASHINGTON, D.C. – Today, the U.S. Supreme Court voted to overturn the 1973 Roe v. Wade and 1992 Planned Parenthood of Southeastern Pennsylvania v. Caseyabortion decisions.
Justice Alito authored the opinion of the Court, overturning Roe v. Wade and Planned Parenthood v. Casey. Justice Alito was joined by Justices Thomas, Gorsuch, Kavanaugh, and Barrett. Chief Justice Roberts authored a concurring opinion saying that he agreed that the viability standard had no basis in the Constitution and that it should be discarded, but he did not vote to overturn Roe and Casey. Justices Breyer, Sotomayor, and Kagan jointly authored a dissent to the opinion.
There is nothing in the Constitution about abortion, and the Constitution does not implicitly protect the right. In fact, the Constitution protects the fundamental right to life, which was enshrined in the Nation’s birth certificate – the Declaration of Independence. The Court holds that "It is time to heed the Constitution and return the issue of abortion to the people's elected representatives."
Justice Thomas writes separately to reiterate his view that the due process clause also does not protect a right to an abortion. He says the Court needs to dispense with the nonsense of substantive due process. “As I have previously explained, ‘substantive due process’ is an oxymoron that lacks any basis in the Constitution.” Indeed, “[t]he notion that a constitutional provision that guarantees only process before a person is deprived of life, liberty, or property could define the substance of those rights strains credulity for even the most causal user of words.”
“The resolution of this case is thus straightforward. Because the Due Process Claus does not secure any substantive rights, it does not secure a right to abortion.”