Dobbs decision will allow states to take action in protecting ‘preborn babies and their mothers,’ Hyde-Smith says
Published 2:00 pm Friday, June 24, 2022
WASHINGTON DC — Friday morning the United States Supreme Court struck down Roe V. Wade in a 6-3 decision to uphold a Mississippi Abortion Law. Justice John Roberts did not vote to overturn Roe V. Wade but did rule in Mississippi’s favor in Dobbs v. Jackson Women’s Health Organization.
Dobbs V. Jackson Women’s Health Organization question was based over Mississippi’s Gestational Act that states provides that “Except in a medical emergency or in the case of a severe fetal abnormality, a person shall not intentionally or knowingly perform or induce an abortion of an unborn human being if the probable gestational age of the unborn human being has been determined to be greater than fifteen (15) weeks.” Jackson Women’s Health Organization challenged the act alleging it violated the Supreme Court’s precedent of establishing a constitutional right to an abortion.
According to the Supreme Court Syllabus, the court had to answer the question of if the Constitution, when properly understood, confers a right to an abortion.The court had to determine if it could overturn a Stare Decis, meaning precedent, which requires five factors to be discussed. The nature of the Court’s error, the quality of reasoning, workability, effects on other areas of law and reliance interests.
Justice Samuel Alito issued his final opinion Friday and wrote Roe and Planned Parenthood v. Casey were wrong Supreme Court decisions and must be overturned.
“We therefore hold that the Constitution does not confer a right to abortion. Roe and Casey must be overruled, and the authority to regulate abortion must be returned to the people and their elected representatives,” Alito wrote in his opinion.
Joining him were Justices Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett and Clarence Thomas.
US Senator Cindy Hyde-Smith called the Roe V. Wade decision a “terrible stain,” on the US and said she was grateful for God’s guidance in the Supreme Court’s decision in a statement Friday. She said the Dobbs decision is one to lead the US away from the notion of abortions on-demand up until birth. The Dobbs decision will allow states to take action through legislation to “protect the preborn and their mothers,” she said.
“The decision does not outlaw abortion, as some pro-abortionists contend. But it is a significant departure from Roe in that the people, through their elected leaders, will guide how each state approaches abortion, rather than a nationwide policy set by unelected judges,” Hyde-Smith said. “As we move forward as a nation, I believe greater attention should be paid to the needs of pregnant women and their babies. I am so very proud that Mississippi has had a leading role in overturning Roe v. Wade. I will continue to pray for God’s guidance over the Supreme Court and all policymakers who will now take up the abortion issue across the country.”
Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan voted against the decision and wrote a dissenting opinion.
“With sorrow—for this Court, but more, for the many millions of American women who have today lost a fundamental constitutional protection—we dissent,” they wrote.
Mississippi’s House of Representative Michael Guest was proud of the decision sparked by a Mississippi court case. Additionally, he vowed to continue to protect the lives of the unborn in his legislative work.
“After almost 50 years justice has been realized, and our nation celebrates a momentous win for the pro-life movement,” Guest said. “For decades, millions of Americans have advocated for the right to life of our unborn children following the misguided Roe v. Wade decision; but today, the voices who speak for the voiceless have been heard.”