U.S. Supreme Court decision finds no constitutional right to abortion
MADISON — It was a day and a decision many people hoped, worked, and prayed for, but they didn’t know when they’d see it.
On Friday, June 24, the Solemnity of the Sacred Heart of Jesus, the U.S. Supreme Court released its opinion in the case of Dobbs v. Jackson Women’s Health Organization.
The majority decision overturned Roe v. Wade and other previous and related Supreme Court decisions that allowed abortion on a federal level. The Dobbs decision ruled that abortion policy decisions will now be decided at the state level.
Wisconsin among them, at least half of all states plan to ban or restrict abortions with the Dobbs decision in place, and 13 states have trigger laws in place set to ban abortions right away upon Roe’s reversal.
“We hold that Roe and Casey must be overruled,” Justice Samuel Alito wrote in the court’s majority opinion.
Casey v. Planned Parenthood is the 1992 decision that affirmed Roe.
Alito was joined by Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett.
The vote to uphold Mississippi’s abortion restriction was 6-3, with Chief Justice John Roberts voting with the majority. In a separate opinion, he said he would not have overturned the court’s Roe decision.
Alito, writing for the majority, said: “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 14th Amendment.”
Reactions to the ruling
In a statement released shortly after the ruling, Bishop Donald J. Hying of Madison said the decision “offers us great hope for a deeper flourishing of human dignity. Many fewer lives will be lost to the grave injustice of abortion, which is the deliberate and direct killing of a human being, and a culture of life can begin to take root where it was previously not possible.”
The Wisconsin Catholic Conference, the public policy voice of the Catholic Church in Wisconsin, applauded the decision and added that “While relieved that an inhumane and unjust right to abortion has been struck down, we know well that many of Wisconsin’s pregnant and parenting women face grave challenges. It is for this reason that our prayers and our work to protect every human life must increase.”
In a show of praise and thanksgiving, crowds gathered at the State Capitol building in Madison and at the Milwaukee County Courthouse over the weekend in recognition of the ruling.
On a national level, The U.S. Conference of Catholic Bishops (USCCB) called the decision a “historic day in the life of our country, one that stirs our thoughts, emotions, and prayers.”
“We pray that our elected officials will now enact laws and policies that promote and protect the most vulnerable among us,” said the June 24 statement by Los Angeles Archbishop José H. Gomez, USCCB president, and Baltimore Archbishop William E. Lori, chairman of the USCCB’s Committee on Pro-Life Activities.
The ruling was not accepted with a similar joy across the country.
As has been the case for decades, the pro-choice side offered their thoughts and opinions in an almost non-stop flow of communication since the ruling.
Opponents of the court decision also held rallies and protests at the State Capitol as well as near the U.S. Supreme Court building near where pro-life groups had gathered.
Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan wrote a joint dissent that emphasized the significance of the court’s previous decisions on this issue.
They added: “Whatever the exact scope of the coming laws, one result of today’s decision is certain: The curtailment of women’s rights, and of their status as free and equal citizens.”
They also noted that their dissent was “with sorrow — for this court, but more, for the many millions of American women who have today lost a fundamental constitutional protection.”
The next steps
People on both sides of the issue are preparing for their next actions following the ruling.
Following the ruling, President Joe Biden spoke to the nation saying “We need to restore the protections of Roe as law of the land. We need to elect officials who will do that.
“This fall, Roe is on the ballot. Personal freedoms are on the ballot. The right to privacy, liberty, equality, they’re all on the ballot.”
Pro-Life Wisconsin has started a petition urging Wisconsin Attorney General Josh Kaul and other DAs in the state to enforce Wisconsin’s criminal abortion statute.
Kaul and Wisconsin Gov. Tony Evers have publicly said they will not enforce any such abortion bans in the state.
As of June 27, Vigil for Life was still holding its vigil hours outside the Planned Parenthood facility on the east side of Madison.
An email sent to participants said that “Although we don’t know exactly what services this Planned Parenthood will be currently providing (their website still says that they are an abortion-only facility), we will keep our peaceful, prayerful presence on the sidewalks until they close their doors for good.”
Efforts such as Walking with Moms in Need, through which Catholic parishes and communities help local pregnant and parenting women in need, are asking for increased help and participation in its efforts.
More information on that can be found on Page 5 and at madisondiocese.org/wwmin
The Wisconsin Catholic Conference emphasized that “we will continue to support laws that protect unborn children, support marriage and family, expand care for women and children — including postpartum, mental health, and substance use treatment — and increase access to childcare, affordable housing, employment training, and nutrition assistance.
“We will persist in calling for increases to the Earned Income Tax Credit and for the creation of a state adoption tax credit.
“Finally, we will work with all people of goodwill to identify and promote new protections for human life at every stage.”
In what may have been providential timing, Pregnancy Helpline of Madison, while celebrating its 40th anniversary the weekend following the ruling, rebranded itself as “Babies and Beyond of WI”.
The organization will continue to provide care and assistance to the mothers, children, and families of the greater Madison area through various programs such as its Sharing Center and Diaper Bank, Safe Sleep program, Baby Care Package program, and helpline.