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2022 Supreme Court Overturning of Roe v. Wade
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![Cite as: 597 U. S. (2022) 3 THOMAS, J., concurring 381 U. S. 479 (1965) (right of married persons to obtain con- traceptives)*; Lawrence v. Texas, 539 U. S. 558 (2003) (right to engage in private, consensual sexual acts); and Oberge- fell v. Hodges, 576 U. S. 644 (2015) (right to same-sex mar- riage), are not at issue. The Court's abortion cases are unique, see ante, at 31-32, 66, 71-72, and no party has asked us to decide "whether our entire Fourteenth Amend- ment jurisprudence must be preserved or revised," McDon- ald, 561 U. S., at 813 (opinion of THOMAS, J.). Thus, I agree that "[n]othing in [the Court's] opinion should be under- stood to cast doubt on precedents that do not concern abor- tion." Ante, at 66. For that reason, in future cases, we should reconsider all of this Court's substantive due process precedents, includ- ing Griswold, Lawrence, and Obergefell. Because any sub- stantive due process decision is "demonstrably erroneous," Ramos v. Louisiana, 590 U. S. (2020) (THOMAS, J., concurring in judgment) (slip op., at 7), we have a duty to "correct the error" established in those precedents, Gamble v. United States, 587 U. S. (2019) (THOMAS, J., con- curring) (slip op., at 9). After overruling these demonstra- bly erroneous decisions, the question would remain whether other constitutional provisions guarantee the myr- iad rights that our substantive due process cases have gen- erated. For example, we could consider whether any of the rights announced in this Court's substantive due process cases are "privileges or immunities of citizens of the United States" protected by the Fourteenth Amendment. Amdt. *Griswold v. Connecticut purported not to rely on the Due Process Clause, but rather reasoned "that specific guarantees in the Bill of Rights" including rights enumerated in the First, Third, Fourth, Fifth, and Ninth Amendments-"have penumbras, formed by emanations," that create "zones of privacy." 381 U. S., at 484. Since Griswold, the Court, perhaps recognizing the facial absurdity of Griswold's penumbral argument, has characterized the decision as one rooted in substantive due process. See, e.g., Obergefell v. Hodges, 576 U. S. 644, 663 (2015); Washington v. Glucksberg, 521 U. S. 702, 720 (1997).](https://i.kym-cdn.com/photos/images/newsfeed/002/392/455/482 "Justice Clarence Thomas Suggests Overturning Gay Marriage")
![Matt Ford @fordm In a solo concurring opinion, Thomas says the court should reconsider rulings that protect contraception, same-sex relationships, and same-sex marriage. Cite as: 597 U. S. (2022) 3 THOMAS, J., concurring 381 U. S. 479 (1965) (right of married persons to obtain con- traceptives)*; Lawrence v. Texas, 539 U. S. 558 (2003) (right to engage in private, consensual sexual acts); and Oberge- fell v. Hodges, 576 U. S. 644 (2015) (right to same-sex mar- riage), are not at issue. The Court's abortion cases are unique, see ante, at 31-32, 66, 71-72, and no party has asked us to decide "whether our entire Fourteenth Amend- ment jurisprudence must be preserved or revised," McDon- ald, 561 U. S., at 813 (opinion of THOMAS, J.). Thus, I agree that "[n]othing in [the Court's] opinion should be under- stood to cast doubt on precedents that do not concern abor- tion." Ante, at 66. 19 For that reason, in future cases, we should reconsider all of this Court's substantive due process precedents, includ- ing Griswold, Lawrence, and Obergefell. Because any sub- stantive due process decision is "demonstrably erroneous," Ramos v. Louisiana, 590 U. S. (2020) (THOMAS, J., concurring in judgment) (slip op., at 7), we have a duty to "correct the error" established in those precedents, Gamble v. United States, 587 U. S. (2019) (THOMAS, J., con- curring) (slip op., at 9). After overruling these demonstra- bly erroneous decisions, the question would remain whether other constitutional provisions guarantee the myr- iad rights that our substantive due process cases have gen- erated. For example, we could consider whether any of the rights announced in this Court's substantive due process cases are "privileges or immunities of citizens of the United States" protected by the Fourteenth Amendment. Amdt. :](https://i.kym-cdn.com/photos/images/newsfeed/002/392/454/11f.png "Justice Clarence Thomas Suggests Overturning Gay Marriage")
![(Slip Opinion) OCTOBER TERM, 2021 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus DOBBS, STATE HEALTH OFFICER OF THE MISSISSIPPI DEPARTMENT OF HEALTH, ET AL. v. JACKSON WOMEN'S HEALTH ORGANIZATION ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 19-1392. Argued December 1, 2021-Decided June 24, 2022 Mississippi's Gestational Age Act provides that "[e]xcept 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 hu- man being has been determined to be greater than fifteen (15) weeks." Miss. Code Ann. §41–41–191. Respondents-Jackson Women's Health Organization, an abortion clinic, and one of its doctors-challenged the Act in Federal District Court, alleging that it violated this Court's prec- edents establishing a constitutional right to abortion, in particular Roe v. Wade, 410 U. S. 113, and Planned Parenthood of Southeastern Pa. v. Casey, 505 U. S. 833. The District Court granted summary judg- ment in favor of respondents and permanently enjoined enforcement of the Act, reasoning that Mississippi's 15-week restriction on abortion violates this Court's cases forbidding States to ban abortion pre-viabil- ity. The Fifth Circuit affirmed. Before this Court, petitioners defend the Act on the grounds that Roe and Casey were wrongly decided and that the Act is constitutional because it satisfies rational-basis review. Held: The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives. Pp. 8–79. (a) The critical question is whether the Constitution, properly un- derstood, confers a right to obtain an abortion. Casey's controlling opinion skipped over that question and reaffirmed Roe solely on the basis of stare decisis. A proper application of stare decisis, however, requires an assessment of the strength of the grounds on which Roe](https://i.kym-cdn.com/photos/images/newsfeed/002/392/452/b2b.png "Supreme Court Decision to Overturn Roe v. Wade Official Document 2022")
![(Slip Opinion) OCTOBER TERM, 2021 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus DOBBS, STATE HEALTH OFFICER OF THE MISSISSIPPI DEPARTMENT OF HEALTH, ET AL. v. JACKSON WOMEN'S HEALTH ORGANIZATION ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 19-1392. Argued December 1, 2021-Decided June 24, 2022 Mississippi's Gestational Age Act provides that "[e]xcept 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 hu- man being has been determined to be greater than fifteen (15) weeks." Miss. Code Ann. §41–41–191. Respondents-Jackson Women's Health Organization, an abortion clinic, and one of its doctors-challenged the Act in Federal District Court, alleging that it violated this Court's prec- edents establishing a constitutional right to abortion, in particular Roe v. Wade, 410 U. S. 113, and Planned Parenthood of Southeastern Pa. v. Casey, 505 U. S. 833. The District Court granted summary judg- ment in favor of respondents and permanently enjoined enforcement of the Act, reasoning that Mississippi's 15-week restriction on abortion violates this Court's cases forbidding States to ban abortion pre-viabil- ity. The Fifth Circuit affirmed. Before this Court, petitioners defend the Act on the grounds that Roe and Casey were wrongly decided and that the Act is constitutional because it satisfies rational-basis review. Held: The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives. Pp. 8–79. (a) The critical question is whether the Constitution, properly un- derstood, confers a right to obtain an abortion. Casey's controlling opinion skipped over that question and reaffirmed Roe solely on the basis of stare decisis. A proper application of stare decisis, however, requires an assessment of the strength of the grounds on which Roe](https://i.kym-cdn.com/photos/images/newsfeed/002/392/451/340.png "Supreme Court Decision to Overturn Roe v. Wade Official Document 2022")
