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By returning the matter to the states, they say, the decision has remedied the grave constitutional errors that were incorporated into abortion law by the court’s previous Roe v. Wade and Casey v. Planned Parenthood decisions.
WASHINGTON — Minutes after the U.S. Supreme Court released its long-awaited decision in Dobbs v. Jackson Women’s Health Organization, Ed Whelan praised the landmark ruling, which upheld Mississippi’s law barring abortions after 15 weeks and overturned the high court’s own 1973 ruling in Roe v. Wadelegalizing abortion nationally, as “a crowning achievement of the conservative legal movement.”
“[T]he Supreme Court has — at long last! — overturned Roe v. Wade and restored abortion policy to our democratic processes,” said Whelan, in a June 24 post on National Review’s legal blog Bench Memos.
In one of the most consequential rulings in Supreme Court history, Justice Samuel Alito, writing for the majority, swept aside legal precedent that established and buttressed a constitutional right to an abortion amid a half century of passionate debate and activism.
“The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives,” Justice Samuel Alito wrote for the 79-page majority opinion, signed by Justices Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh, and Clarence Thomas, with a concurrence by Chief Justice John Roberts. Planned Parenthood v. Caseyis the 1992 Supreme Court decision that established the “undue burden” standard for testing the constitutionality of state laws designed to restrict abortion, and blocked statutes that had “the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus.”
Continued below.
‘A Crowning Achievement’: Pro-Life Legal Scholars Praise Reasoning of Supreme Court’s Dobbs Decision
WASHINGTON — Minutes after the U.S. Supreme Court released its long-awaited decision in Dobbs v. Jackson Women’s Health Organization, Ed Whelan praised the landmark ruling, which upheld Mississippi’s law barring abortions after 15 weeks and overturned the high court’s own 1973 ruling in Roe v. Wadelegalizing abortion nationally, as “a crowning achievement of the conservative legal movement.”
“[T]he Supreme Court has — at long last! — overturned Roe v. Wade and restored abortion policy to our democratic processes,” said Whelan, in a June 24 post on National Review’s legal blog Bench Memos.
In one of the most consequential rulings in Supreme Court history, Justice Samuel Alito, writing for the majority, swept aside legal precedent that established and buttressed a constitutional right to an abortion amid a half century of passionate debate and activism.
“The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives,” Justice Samuel Alito wrote for the 79-page majority opinion, signed by Justices Amy Coney Barrett, Neil Gorsuch, Brett Kavanaugh, and Clarence Thomas, with a concurrence by Chief Justice John Roberts. Planned Parenthood v. Caseyis the 1992 Supreme Court decision that established the “undue burden” standard for testing the constitutionality of state laws designed to restrict abortion, and blocked statutes that had “the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus.”
Continued below.
‘A Crowning Achievement’: Pro-Life Legal Scholars Praise Reasoning of Supreme Court’s Dobbs Decision
