OVERTURNED: Supreme Court Decision on Roe v. Wade
The United States Supreme Court has just OVERTURNED Roe v. Wade.
The Supreme Court ruled 6–3 that Roe is indeed unconstitutional. There is nothing in the U.S. Constitution that protects abortion in any way. Now individual states can determine their own laws on abortion.
This decision also overturns the 1992 Planned Parenthood v. Casey case, in which the Supreme Court at the time upheld the Roe decision.
As stated in the Supreme Court’s official opinion authored by Justice Samuel Alito:
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.
Today we thank God and celebrate. This is the moment the ACLJ has spent the last three decades fighting for. After nearly 50 years, and millions of innocent lives lost, the nightmare of Roe is finally over.
My dad, ACLJ Chief Counsel Jay Sekulow, shared why he feels a personal connection to this monumental Supreme Court ruling:
When you get to the first substantive legal discussion in the opinion today in Dobbs, overturning Roe v. Wade, the Court starts the paragraph by saying “[w]e discuss this theory” because this was a new theory that they started using to justify abortion; they said the “one additional constitutional provision that respondents have now offered as yet another potential home for the abortion right: the Fourteenth Amendment.” And then they cite the briefs that were filed for that, including the United States government now under Joe Biden, which thought there was this right.
But here’s what the Court said: “The regulation of a medical procedure that only one sex can undergo does not trigger heightened constitutional scrutiny unless the regulation is a ‘mere pretex[t] designed to effect an invidious discrimination against members of one sex or the other.’ … And as the Court has stated, the ‘goal of preventing abortion’ does not constitute ‘invidiously discriminatory animus’ against women.”
The case is Bray v. Alexandria Women’s Health Clinic, our case from 1992 and 1993. “Accordingly, laws regulating or prohibiting abortion are not subject to heightened scrutiny.” And what that means is, rational basis applied , the Court concluded that rational basis, you can protect the life of the unborn. It returns to the state. There was no constitutional home for the right to abortion in the Fourteenth Amendment. Bray v. Alexandria, opposition to abortion is not discrimination against women. Who would have thought that a case we argued in 1991, and again in 1992, decided in 1993, based on activities that took place in 1989 and 1990 would end up as one of the basis for this critical Supreme Court decision? But there it is. It’s humbling.
This victory would not have been possible without the steadfast prayer and support of ACLJ members like you. On behalf of the entire ACLJ, I thank you for standing with us against the abortion industry and helping us save defenseless babies.
But even as we celebrate today, we know our fight is still far from over. This was a MONUMENTAL step, and it was a long step to reach. And now the rabid radical Left is desperately scrambling. The ACLJ is already directly involved in cases in California and Michigan where state leaders are pushing horrific new abortion bills.
We’ve told you about recent attacks on pro-life crisis pregnancy centers all around the country, and domestic terrorist groups like Jane’s Revenge threatening violence and rage if Roe was overturned.
The radical Left will not give up. Neither will we. Our fight to save innocent babies continues.
Today’s full Sekulow broadcast includes even more discussion of today’s historic Supreme Court opinion, the fights we’re still engaged in to defend babies, and what this means for individual states.
Watch the full broadcast below: