In a historic decision, Supreme Court overturns Roe. v. Wade after 50 years
"We hold that Roe and Casey must be overruled."
LINCOLN, Neb. (KLKN) – The Supreme Court announced its decision to overturn the constitutional right to abortion on Friday.
The court ruled 5-4, in an opinion written by Justice Samuel Alito.
Simultaneously, the court ruled 6-3 to uphold a Mississippi law that bans all abortion past 15 weeks, with very few medical exceptions.
“Except in a medical emergency or in the case of a severe fetal abnormality, a person shall not intentionally or knowingly perform, or induce an abortion of an unborn human being if the probable gestational age of the unborn human being has been determined to be greater than fifteen weeks,” the law says.
Since Roe v. Wade in 1973 and Planned Parenthood v. Casey in 1992, the court has forbidden states from banning abortions prior to fetal viability outside the womb, roughly 24 weeks, medical experts say.
“We hold that Roe and Casey must be overruled,” Alito wrote. “The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision, including the one on which the defenders of Roe and Casey now chiefly rely — the Due Process Clause of the Fourteenth Amendment.”
Moments after the decision was announced, State Sen. Adam Morfeld, a candidate for Lancaster County attorney, released a written statement saying, “With the Supreme Court’s ruling and the Nebraska Legislature now poised to attempt to ban abortion even in cases of rape or incest, I will not criminalize doctors or women for reproductive decisions as your next chief prosecutor in Lancaster County.”
Nebraska is a conservative state, and many senators have already announced their plans to call a special session to ban abortion in Nebraska.
Governor candidate Jim Pillen said, “Today, the U.S. Supreme Court affirmed what we have long known to be true: Our constitution contains no right to murder an unborn child. I will do all I can to ensure that no more unborn babies are killed.”
If states make the move to ban or restrict abortion, women in those states who wish to have an abortion will have to travel across state lines.
According to ABC News, 13 states with trigger laws, including North and South Dakota, will now ban abortion as early as the first trimester, and 26 other states are expected to take similar action.
In a written statement Planned Parenthood said, “abortion remains safe and legal in Minnesota, Iowa and Nebraska today’s decision will have no impact on patient care in those states (until further legislature is determined). Our doors remain open.”
In their dissent, Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan lamented that millions of American women will lose a right because of the court’s decision.
“It says that from the very moment of fertilization, a woman has no rights to speak of,” their dissent reads. “A State can force her to bring a pregnancy to term, even at the steepest personal and familial costs. An abortion restriction, the majority holds, is permissible whenever rational, the lowest level of scrutiny known to the law.”
The Biden administration could take the following actions against the decision:
- Declare a public health emergency
- Sue states for being at odds with FDA policy
- Allow abortion pills to be provided at pharmacies
- Ease restrictions on imports of abortion pills
- Lease federal buildings to abortion providers
This is a developing story, stick with Channel 8 as updates become available.