This will give each state to decide whether to maintain or prohibit this reproductive right.
EFE - On Friday, the U.S. Supreme Court overturned the protection of abortion rights in the United States, a protected right since 1973. The decision will allow each state to decide whether to maintain or prohibit this reproductive right.
The ruling states that the Constitution “does not grant” this right and returns the authority to legislate on abortion to “the people” and their “elected representatives”.
The decision released today overturns both the ruling known as “Roe v. Wade,” agreed to 49 years ago, which protected the right to abortion nationwide, and another 1992 ruling, “Planned Parenthood v. Casey,” which reaffirmed that protection but allowed states to set regulations on the process.
“It is time to abide by the Constitution and return the question of abortion to the elected representatives of the citizens,” reads the ruling written by Justice Samuel Alito in a sentence that was also included in his draft, leaked to the media in May.
The decision has gone ahead by the majority, with six votes in favor - although one of them with a separate opinion - and three votes against.
Those who voted in favor insist that they do not consider abortion a constitutional right, nor a right supported by American “history or tradition”.
It also considers that “Roe v. Wade” was “offensively incorrect” and “clashed” with the Constitution itself. And he adds that the other ruling upholding abortion rights, “Planned Parenthood v. Casey” in 1992, “perpetuated” those errors.
The three progressive Supreme Court justices voted, as expected, against this decision.
“With regret for this court, but especially for the millions of American women who have lost a fundamental constitutional right today, we dissent,” they said in the dissenting opinion co-signed by Stephen Breyer, Sonia Sotomayor and Elena Kagan.
“Roe v. Wade” was ruled in 1973 and guaranteed protection of the right to abortion nationwide.
In 1992 “Planned Parenthood v. Casey” upheld that right, although it also allowed states to regulate the process as long as it did not impede it.
That prompted conservative states to pass laws to restrict abortion rights, as they have been doing since 1992, and more intensely in recent years.
With today’s ruling, states that choose to do so will be able to ban abortion altogether in their territory.
This will foreseeably mean that the United States will be split in two, between states where voluntary termination of pregnancy is possible and those that totally prohibit it.