How The Supreme Court Killed Roe v. Wade

Summary

This video script provides an in-depth analysis of the Dobbs v. Jackson Women's Health Organization case, which overturned *Roe v. Wade* and *Planned Parenthood v. Casey*. It breaks down the majority opinion by Justice Alito, the concurring opinions of Justices Kavanaugh and Thomas, and the dissenting opinion by Justices Breyer, Sotomayor, and Kagan. The script highlights the legal reasoning behind the decision, the constitutional arguments made, and the implications for abortion rights in the U.S. The video also promotes an initiative supporting reproductive health nonprofits.

Takeaways

• 😀 Justice Roberts proposed a judicial restraint approach, advocating for upholding abortion rights but without the viability standard.
• 😀 Roberts believed that the issue of abortion should be returned to the states, but the right to abortion should still be protected.
• 😀 Justice Kavanaugh argued that the Constitution is neutral on abortion, and the Court should leave abortion decisions to state legislatures.
• 😀 Kavanaugh reassured that the Court's decision would not outlaw abortion nationwide, but would allow states to make their own rules.
• 😀 Justice Thomas, in his concurrence, claimed that there was never a constitutional right to abortion and pushed for reconsidering other substantive due process precedents.
• 😀 Thomas also suggested revisiting landmark cases such as Griswold (contraception) and Obergefell (same-sex marriage), with a focus on the 14th Amendment's due process clause.
• 😀 The dissent, written by Justices Breyer, Sotomayor, and Kagan, criticized the majority for disregarding women's rights to equality and freedom in favor of state interests.
• 😀 The dissent argued that the majority's historical analysis was flawed, as many early laws permitted abortion before quickening and did not criminalize it outright.
• 😀 The dissent expressed concerns about the majority’s disregard for legal precedent (stare decisis) and the harm caused to women by the Court's decision.
• 😀 The dissent also criticized the majority for using a selective historical analysis, emphasizing that the Constitution's ratifiers in 1868 did not address women's reproductive rights fully.

Q & A

What is the central issue in the Supreme Court case discussed in the script?

The central issue is the Supreme Court's decision to overturn *Roe v. Wade* and eliminate the federal constitutional right to an abortion, shifting the authority to regulate abortion to individual states.

How did Chief Justice Roberts approach the issue of abortion rights in this case?

Chief Justice Roberts suggested a compromise approach, advocating for judicial restraint and proposing the removal of the viability standard while still upholding the right to an abortion.

What was Justice Kavanaugh's stance on the constitutional right to abortion?

Justice Kavanaugh believed that the Constitution is neutral on the issue of abortion. He argued that the Court should leave the decision to the states rather than imposing a national abortion policy.

What was Justice Thomas's opinion on substantive due process?

Justice Thomas wrote that substantive due process does not exist in the Constitution, and he called for the Court to reconsider all prior rulings based on substantive due process, including *Griswold*, *Lawrence*, and *Obergefell*.

How did the dissenting justices view the majority opinion?

The dissenting justices, Breyer, Sotomayor, and Kagan, criticized the majority for overreaching, arguing that the Court should protect minority rights from majority rule. They also disagreed with the majority's historical interpretation of abortion rights.

What was the dissent's argument regarding the 'deeply rooted' standard applied by the majority?

The dissent argued that the majority’s reliance on the 'deeply rooted' standard was flawed, particularly because the ratifiers of the 14th Amendment were not attuned to women's reproductive rights, and thus, their views should not dictate modern constitutional interpretation.

How did the dissenters address the majority's use of early American history in their ruling?

The dissenters pointed out that early American law did not criminalize abortion before quickening, contrary to the majority’s claim that abortion was historically treated as a crime. They argued that the majority selectively used history to support its conclusion.

What was the dissent's perspective on the constitutional recognition of women's rights in abortion cases?

The dissent argued that the majority's opinion ignored women's rights to equality and freedom, emphasizing that Roe and Casey balanced competing interests, while the majority only recognized the state's interest in regulating abortion.

What did the dissenters say about stare decisis (respect for precedent)?

The dissenters criticized the majority for failing to justify the overruling of *Roe* and *Casey* under the principles of stare decisis. They argued that there was no significant change in law or facts to warrant the overturning of these precedents.

What call to action is presented at the end of the script?

At the end of the script, the speaker promotes a browser extension called 'Tab for Cause' that allows users to raise money for reproductive health charities, such as Planned Parenthood, simply by browsing the internet.