Held: The Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives.”

After nearly fifty years and the prayers of millions the darkest chapter in American legal history has come to an end. With the release of the Supreme Court’s 5-4 ruling in Dobbs v. Jackson Women’s Health Organization (2022), the era of Roe v. Wade (1973) and Planned Parenthood v. Casey (1992) is suddenly behind us.

While this does not end abortion in America, it decisively removes what many believed to be its Constitutional support.

The Ruling is landmark in several respects:

  • Dobbs rescinds the false legal ground that both Roe and Casey were based upon, mainly, that the 14th Amendment’s Due Process Clause provided a right to abortion.

“…[G]uided by the history and tradition that map the essential components of our Nation’s concept of ordered liberty, we must ask what the Fourteenth Amendment means by the term “liberty.” When we engage in that inquiry in the present case, the clear answer is that the Fourteenth Amendment does not protect the right to an abortion.”

  • Dobbs confronts the infamous Casey language that was cited to justify not only abortion, but other morally controversial issues that have similarly relied on its gratuitously ambiguous language.

“While individuals are certainly free to think and to say what they wish about “existence,” “meaning,” the “universe,” and “the mystery of human life,” they are not always free to act in accordance with those thoughts. License to act on the basis of such beliefs may correspond to one of the many understandings of “liberty,” but it is certainly not “ordered liberty.”

  • Dobbs re-establishes the primacy of the Constitution’s founding meaning to guide the outcome of modern controversies and challenges in what has come to be known as judicial activism.

“Constitutional analysis must begin with “the language of the instrument,” which offers a “fixed standard” for ascertaining what our founding document means… The Constitution makes no express reference to a right to obtain an abortion, and therefore those who claim that it protects such a right must show that the right is somehow implicit in the constitutional text.”

  • Dobbs places important questions not addressed by the Constitution back where they belong, to the People and the democratic process.[1]

“Because the Constitution is neutral on the issue of abortion, this Court also must be scrupulously neutral. The nine unelected Members of this Court do not possess the constitutional authority to override the democratic process and to decree either a pro-life or a pro-choice abortion policy for all 330 million people in the United States.”

These are but a few of many hoped for and legally redemptive features of Dobbs.

Thank God for the five Justices tasked with this ruling and the courage of their convictions in the face of staggering pressure and personal risk to themselves and their families. The number of souls that will now be allowed to enter the world, before their developing bodies are ripped from the womb, is impossible to predict. But that many will now enter is certain. For these reasons and more, thanksgiving is due!

“Oh, give thanks to the Lord!
Call upon His name;
Make known His deeds among the peoples!
Sing to Him, sing psalms to Him;
Talk of all His wondrous works!
Glory in His holy name;
Let the hearts of those rejoice who seek the Lord!”

Psalm 105:1-3

[1] On this point, California is planning to become a “sanctuary state” for abortion and its practitioners. The infamous AB 2233, for example, has been passed in the CA Assembly and is headed for the Senate. Now is the time to TAKE ACTION and make your voice heard.