We break down what’s in the decision, which justices said what, and what comes next.
Alito was joined in his majority opinion by Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett., “Chief Justice John Roberts voted with the other conservative justices to uphold the Mississippi law, but urged in a concurring opinion against going further.”
In their dissent, the three liberal justices on the court — Stephen Breyer, Elena Kagan, and Sonia Sotomayor — accused the majority of acting out of blatant partisanship. "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 said.
Unusually, the three liberal justices shared joint authorship of the dissent. With the prior cases like, the dissenting justices wrote, “the Court struck a balance, as it often does when values and goals compete.” “Today, the Court discards that balance,” the dissent continues. “It says that from the very moment of fertilization, a woman has no rights to speak of.” The justices dig into the variety of “draconian restrictions” that a pregnant person will now be forced into giving birth, including rape and incest, even at the risk of the life of the pregnant person. They underscore how these restrictions will unduly impact poor people.
“With sorrow—for this Court, but more, for the many millions of American women who have today lost a fundamental constitutional protection—we dissent,” the dissent concludes.
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