Supreme Court Rules in Dobbs v Jackson -- No Constitutional Right to Abortion

Despite Fevered Propaganda, Abortion Still Legal in America, State by State

On Friday 6/24/2022, the US Supreme Court in Dobbs v Jackson overturned the law stating a right to abortion existed in the Constitution. Instead, SCOTUS allows states to choose whether to allow or ban abortion. This means, the more liberal a state, the easier it will be to get such a procedure. This is hardly the total ban the media and leftist advocates warned and rioted over, and a young man tried to assassinate Judge Kavenaugh for.

Justice Samuel Alito wrote,“The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision,” joined by Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett.

Alito added -- "Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division."

Further shaking leftists to the core, Judge Thomas added: “In future cases, we should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell,” Thomas wrote — referring to a 1965 decision finding a right to contraception for married couples, a 2003 decision overturning criminal sodomy laws and a 2015 decision requiring states to recognize same-sex marriages. “We have a duty to ‘correct the error’ established in those precedents.” Thomas stated such case law could still be preserved on other grounds.

From the Cornell Law website:
Substantive Due Process is the theory that 5th and 14th Amendments protect fundamental rights from government interference. Specifically, the Fifth & 14th Amend. prohibit the government from depriving any person of “life, liberty, or property without due process of law.” The Fifth Amend. applies to federal action, and 14th applies to state action. Compare with procedural due process.

The U.S. Supreme Court has determined that fundamental rights protected by substantive due process are those deeply rooted in U.S. history and tradition, viewed in light of evolving social norms. Not explicitly listed in the Bill of Rights, but rather are the penumbra of certain amendments that refer to or assume the existence of such rights. The Supreme Court then found personal and relational rights, as opposed to economic rights, are fundamental and protected. Specifically, substantive due process to include, among others, the following fundamental rights: The right to privacy, specifically a right to contraceptives. Griswold v. Connecticut (1965); The right to pre-viability abortion. Roe v. Wade (1973); The right to marry a person of a different race. Loving v. Virginia (1967); The right to marry an individual of the same sex. Obergefell v. Hodges (2015)

Reuters described the ruling:

The court, in a 6-3 ruling, upheld a Mississippi law banning abortion after 15 weeks of pregnancy. The vote was 5-4 to overturn Roe. The ruling restored state’s ability to ban abortion. 26 states are either certain or considered likely to ban abortion. Mississippi is among 13 states with so-called trigger laws to ban abortion with Roe overturned.

The justices, in the ruling written by conservative Justice Samuel Alito, held the Roe decision allowing abortions before a fetus is viable outside the womb - which occurs between 24 & 28 weeks of pregnancy - was wrongly decided because the U.S. Constitution makes no specific mention of abortion rights.

Guttmacher Institute explains ‘Trigger Laws”:
Of those 26 states, 13 have laws in place designed to be “triggered,” taking automatic effect or by quick state action if Roe no longer applies—Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah, and Wyoming. Some have multiple types of bans in place, including 9 states with pre-Roe bans still on the books, and 11 states with early gestational age bans blocked by court orders. In states with multiple bans, state officials will determine which ban to enforce if Roe is overturned.

The ruling represents an enormous victory for anti-abortion groups, evangelicals and a salute to Libertarian convictions that local or state governments are better suited to serve their populace than a far flung capital, thousands of miles off. As John Locke taught, government not by consent lacks legitimacy, influencing our Founders. See John Layman’s Two Concepts of Consent in Locke’s Political Theory:

“Locke is famous for arguing many people have political obligations, and political obligation depends on freely chosen, deliberate acts of individual consent. Locke develops another, largely unnoticed line of reasoning about political consent, that political consent is not a discrete act that precedes consensual political relationships, but rather a dimension of ongoing political activity in cooperation with others. Such consent, which I will call ‘participatory consent,’ matters not because political life is morally optional, but because it is a necessary condition of freedom from arbitrary power within political society.”

News outlets state 64% of Americans favor abortion, yet this number is misleading. NPR reports: “Seven-in-10 U.S. adults, however, say they are in favor of some degree of restrictions on abortion rights. That includes 52% of Democrats.” Brookings reports: “Between 25% and 35% of Americans think abortion should always be legal, 10% to 15% think it should never be legal, and the remaining 50% to 65% are split between those who think that it should be mostly legal with some exceptions and mostly illegal but with exceptions.” Pew research states roughly half, or 48% of Americans favor a full ban after 15 weeks.

We must bear in mind the massive power of propaganda unleashed in media, political and educational spheres in support of liberal dogma. Since Roe v. Wade was passed in January 22, 1973, those who believed abortion should be allowed in all circumstances versus always illegal were roughly 21% each, according to Gallup polls. But in the last few years, those who support unlimited abortion spiked to 35%, versus abortion always being banned dropped to only 13%.

So lawsuits are already filed to fight the ruling in Dobbs. But it seems a miracle that abortion could ever be pushed back when it is at the very center of the liberal sex cult which feeds directly into the socialist, deified state. Believers should pray that our culture embrace what was said of Jesus’ statements, “Then people brought little children to Jesus for him to place his hands on them and pray for them. But the disciples rebuked them. Jesus said, “Let the little children come to me, and do not hinder them, for the kingdom of heaven belongs to such as these.” Matt 19:13-15. Satan is roaring like a lion to reactivate abortion to slaughter more innocent babies. We must always be ready to defend our society from evil.