After half a century, Americans’ constitutional right to get an abortion has been overturned by the Supreme Court.
The ruling in Dobbs v. Jackson Women’s Health Organization — handed down Friday morning — has far-reaching consequences. The Conversation, a nonprofit, independent news organization that shares its content with media publications, asked Nicole Huberfeld and Linda C. McClain, health law and constitutional law experts at Boston University, to explain what just happened, and what happens next.
The Supreme Court decided by a 6-to-3 majority to uphold Mississippi’s ban on abortion after 15 weeks of pregnancy. In doing so, the justices overturned two key decisions protecting access to abortion: 1973’s Roe v. Wade and Planned Parenthood v. Casey, decided in 1992.
The court’s opinion, written by Justice Samuel Alito, said that the Constitution does not mention abortion. Nor does the Constitution guarantee abortion rights via another right, the right to liberty.
The…
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