Supreme Court Justice Samuel Alito, in issuing an order Friday striking down Roe v. Wade, said that abortion presents a "profound moral question" and notes that the "Constitution makes no reference to abortion."
"The Constitution," he added, "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. That provision has been held to guarantee some rights that are not mentioned in the Constitution."
He further wrote: "The right to abortion does not fall within this category. Until the latter part of the 20th century, such a right was entirely unknown in American law. Indeed, when the Fourteenth Amendment was adopted, three-quarters of the States made abortion a crime at all stages of pregnancy. The abortion right is also critically different from any other right that this Court has held to fall within the Fourteenth Amendment’s protection of 'liberty.'"
DissentSupreme Court Justices Stephen Breyer, Elena Kagan, and Sonia Sotomayor dissented Friday in striking down the landmark Roe v. Wade ruling.
Elaborating further on their opinion, Breyer, Sotomayor, and Kagan wrote that until now the "court struck a balance" between "values and goals"
"Today, the Court discards that balance. It says that from the very moment of fertilization, a woman has no rights to speak of," the three dissenting justices wrote. "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. And because, as the Court has often stated, protecting fetal life is rational, States will feel free to enact all manner of restrictions."