Protesters from both sides of the abortion debate faced off after a leaked draft of an opinion from the Supreme Court. The Supreme Court shouldn't have overturned the case, according to John Roberts. Roberts believes that the court's conservatives went too far in ending the abortion right. He says that the decision would have been less unnerving. The Supreme Court's five other conservatives went too far when they decided to end a federal right to an abortion on Friday. Regardless of how you view the case, the Court's decision to overrule it is a big deal. The majority and concurring opinions were released on Friday. The decision rejecting the misguided viability line would be less frightening.
The united bloc of justices, including former President Donald Trump's three picks, made Roberts' view irrelevant.
The Court's majority opinion was written by Alito and overturned 50 years of precedent. Alito was the one who torched the landmark decision.
Alito said that Roe was wrong from the beginning. The decision has had damaging consequences. The abortion issue has not been brought about a national settlement of it's issues.
Roberts has long cut a reputation as a justice who would prefer that the court address the questions before it rather than authoring sweeping opinions that go down in the history books. In the 2012 ruling that protected President Barack Obama's signature domestic achievement, it was thought that this principle drove his decision to preserve the Patient Protection andAffordable Care Act of 2010.
Roberts made clear in his concurring opinion that he would have upheld Mississippi's near complete ban of abortions after 15 weeks of pregnancy, but he stressed that the case would have a profound effect. Roberts said that Mississippi didn't want the court to take such a step. AfterBarrett was confirmed to the court, the state changed its mind.
Roberts said the court's opinion and dissent show a freedom from doubt on the legal issue that he can't share. I am not sure if the ban on abortion from the moment of conception should be treated the same as the ban after 15 weeks.
Roberts' decision would have made it more difficult to get an abortion. Mississippi's law would have limited the concept of fetal viability if it hadn't been overturned. Roberts doesn't agree with the court's original 1973 decision on abortion rights. He says justices didn't need to change the decision all the way down to the studs.
Business Insider has an article on it.
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