WASHINGTON (AP) — The Supreme Court on Friday ended constitutional protections for abortion that had stood in America for nearly a half-century. The decision by the court’s conservative majority overturned the landmark Roe v. Wade ruling and is expected to lead to abortion bans in roughly half the states.
The ruling, unthinkable just a few years ago, was the culmination of decades of efforts by abortion opponents, made possible by an emboldened right side of the court that has been fortified by three appointees of former President Donald Trump.
Both sides predicted the fight over abortion would continue, in state capitals and in Washington, and Justice Clarence Thomas, part of Friday’s majority, called on the court to overturn other high court rulings protecting same-sex marriage, gay sex and the use of contraceptives.
Clinics in at least two states, Wisconsin and West Virginia. stopped performing abortions after Friday’s decision.
Abortion foes cheered the ruling, but abortion-rights supporters, including President Joe Biden, expressed dismay and pledged to fight to restore the rights.
“It’s a sad day for the court and for the country,” Biden said at the White House. He urged voters to make it a defining issue in the November elections, declaring, “This decision must not be the final word.”
The ruling came more than a month after the stunning leak of a draft opinion by Justice Samuel Alito indicating the court was prepared to take this momentous step.
It puts the court at odds with a majority of Americans who favored preserving Roe, according to opinion polls.
Alito, in the final opinion issued Friday, wrote that Roe and Planned Parenthood v. Casey, the 1992 decision that reaffirmed the right to abortion, were wrong the days they were decided and must be overturned.
“We therefore hold that the Constitution does not confer a right to abortion. Roe and Casey must be overruled, and the authority to regulate abortion must be returned to the people and their elected representatives,” Alito wrote, in an opinion that was very similar to the leaked draft.
Authority to regulate abortion rests with the political branches, not the courts, Alito wrote.
Joining Alito were Thomas and Justices Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett. The latter three justices are Trump appointees. Thomas first voted to overrule Roe 30 years ago.
Four justices would have left Roe and Casey in place.
The vote was 6-3 to uphold the Mississippi law, but Chief Justice John Roberts didn’t join his conservative colleagues in overturning Roe. He wrote that there was no need to overturn the broad precedents to rule in Mississippi’s favor.
Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan — the diminished liberal wing of the court — were in dissent.
“With sorrow—for this Court, but more, for the many millions of American women who have today lost a fundamental constitutional protection—we dissent,” they wrote, warning that abortion opponents now could pursue a nationwide ban “from the moment of conception and without exceptions for rape or incest.”