The Supreme Court has officially voted to overturn Roe, reversing nearly 50 years of legal precedent. Here’s how the text of the final 213-page ruling stacks against the opinion draft leaked in May.
“Surely we should adhere closely to principles of judicial restraint here, where the broader path the Court chooses entails repudiating a constitutional right we have not only previously recognized, but also expressly reaffirmed.”
“The dissent is very candid that it cannot show that a constitutional right to abortion has any foundation, let alone a “‘deeply rooted’’ one, ‘in this Nation’s history and tradition.’” “ Next, the Court examines whether the right to obtain an abortion is rooted in the Nation’s history and tradition and whether it is an essential component of ‘ordered liberty.’”
It spells out that, at a high level, the Court looked to five major factors to justify its ruling according to the syllabus: “the nature of the Court’s error,” “the quality of the reasoning,” “workability,” “effect on other areas of law” and “reliance interests.” This offering of a five-part explanation to a three-part question illustrates early on that the Court is pulling out all the stops in its justification to overrule“Like the infamous decision in Plessy v.
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