The court voted 6-3 to side with Mississippi in the Dobbs case, but 5-4 on the broader question of whether to overrule Roe v. Wade.
Alito was joined by fellow conservative Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett. Chief Justice John Roberts, also a conservative, filed an opinion concurring in the judgment, meaning he agreed the Mississippi law should be upheld, but he didn't support eliminating the right to an abortion all together.
"Both the Court's opinion and the dissent display a relentless freedom from doubt on the legal issue that I cannot share," Roberts wrote. He added that the court 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."
Liberal Justices Elena Kagan, Sonia Sotomayor and Stephen Breyer dissented and called out the majority for a "cavalier approach to overturning this Court's precedents."
"Whatever the exact scope of the coming laws, one result of today's decision is certain: the curtailment of women's rights, and of their status as free and equal citizens," wrote the dissenting justices.
Dobbs v. Jackson Women's Health looked at the Gestational Age Act, a 2018 Mississippi law banning most abortions after the first 15 weeks of pregnancy, much earlier than the precedent established by Roe v. Wade and subsequent cases.
It makes exceptions for medical emergency or severe fetal abnormality but not for pregnancies resulting from rape or incest.
The US District Court for the Southern District of Mississippi ruled the law was unconstitutional in November 2018, a decision unanimously upheld by the 5th US Circuit Court of Appeals a little more than a year later.
In October 2021, Mississippi appealed to the Supreme Court, which agreed to hear arguments.
Уважаемый посетитель, Вы зашли на сайт kopirki.net как незарегистрированный пользователь. Мы рекомендуем Вам зарегистрироваться либо войти на сайт под своим именем.