10 key quotes from Justice Alito's opinion overturning Roe v. Wade

close

Video

Turley: Abortion now belongs to democratic process

Fox News contributor Jonathan Turley comments on historic Supreme Court decision to overturn Roe v. Wade.

The Supreme Court on Friday issued its long-awaited, and previously leaked opinion, overturning Roe v. Wade -- effectively ending recognition of a constitutional right to abortion and giving individual states the power to regulate and restrict the practice.

The ruling came in the court's opinion in Dobbs v. Jackson Women’s Health Organization, which centered on a Mississippi law that banned abortion after 15 weeks of pregnancy. The Republican-led state of Mississippi asked the Supreme Court to strike down a lower court ruling that stopped the 15-week abortion ban from taking place.

Justice Samuel Alito penned the opinion. Here are 10 of the key quotes from Alito’s opinion.

LIVE UPDATES: SUPREME COURT ROE V. WADE DECISION

Alito details how abortion was viewed pre-Roe

"Not only was there no support for such a constitutional right until shortly before Roe, but abortion had long been a crime in every single State. At common law, abortion was criminal in at least some stages of pregnancy and was regarded as unlawful and could have very serious consequences at all stages. American law followed the common law until a wave of statutory restrictions in the 1800s expanded criminal liability for abortions. By the time of the adoption of the Fourteenth Amendment, three-quarters of the States had made abortion a crime at any stage of pregnancy, and the remaining States would soon follow.  "

Roe ‘egregiously wrong,’ deepened division

"Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives."

READ ALITO'S FULL OPINION IN SUPREME COURT'S DOBBS V. JACKSON WOMEN'S HEALTH RULING

Alito on confusion over what the 14th Amendment protects

"In interpreting what is meant by the Fourteenth Amendment’s reference to ‘liberty,’ we must guard against the natural human tendency to confuse what that Amendment protects with our own ardent views about the liberty that Americans should enjoy. That is why the Court has long been 'reluctant' to recognize rights that are not mentioned in the Constitution." 

Anti-abortion protesters celebrate outside the Supreme Court in Washington, Friday, June 24, 2022. The Supreme Court has ended constitutional protections for abortion that had been in place nearly 50 years, a decision by its conservative majority to overturn the court's landmark abortion cases.  (AP )

Alito dismisses claim decision will lead to reversals on same-sex marriage, contraception

"Finally, the dissent suggests that our decision calls into question Griswold, Eisenstadt, Lawrence, and Obergefell. But we have stated unequivocally that '[n]othing in this opinion should be understood to cast doubt on precedents that do not concern abortion.' We have also explained why that is so: rights regarding contraception and same-sex relationships are inherently different from the right to abortion because the latter (as we have stressed) uniquely involves what Roe and Casey termed 'potential life.'"

Court not allowed to impose its own ‘theory of life’ on the nation

"Our opinion is not based on any view about if and when prenatal life is entitled to any of the rights enjoyed after birth. The dissent, by contrast, would impose on the people a particular theory about when the rights of personhood begin. According to the dissent, the Constitution requires the States to regard a fetus as lacking even the most basic human right—to live—at least until an arbitrary point in a pregnancy has passed. Nothing in the Constitution or in our Nation’s legal traditions authorizes the Court to adopt that ‘theory of life.'"

Video

ABORTION RIGHTS TO EXPAND IN BLUE STATES AFTER ROE V. WADE OVERTURNED

Alito says Roe decision ‘usurped’ power

"Roe was on a collision course with the Constitution from the day it was decided, Casey perpetuated its errors, and those errors do not concern some arcane corner of the law of little importance to the American people. Rather, wielding nothing but "raw judicial power,"... the Court usurped the power to address a question of profound moral and social importance that the Constitution unequivocally leaves for the people." 
 

Roe ‘relies on an erroneous historical narrative’

"Roe found that the Constitution implicitly conferred a right to obtain an abortion, but it failed to ground its decision in text, history, or precedent. It relied on an erroneous historical narrative; it devoted great attention to and presumably relied on matters that have no bearing on the meaning of the Constitution; it disregarded the fundamental difference between the precedents on which it relied and the question before the Court; it concocted an elaborate set of rules, with different restrictions for each trimester of pregnancy, but it did not explain how this veritable code could be teased out of anything in the Constitution, the history of abortion laws, prior precedent, or any other cited source; and its most important rule (that States cannot protect fetal life prior to ‘viability’) was never raised by any Opinion of the Court party and has never been plausibly explained."

Alito emphasizes democratic consequences of Dobbs

"Our decision returns the issue of abortion to those legislative bodies, and it allows women on both sides of the abortion issue to seek to affect the legislative process by influencing public opinion, lobbying legislators, voting, and running for office. Women are not without electoral or political power. It is noteworthy that the percentage of women who register to vote and cast ballots is consistently higher than the percentage of men who do so."

SUPREME COURT OVERTURNS ROE V WADE IN LANDMARK OPINION 

Alito says he does not know how the US will respond to Dobbs

"We do not pretend to know how our political system or society will respond to today’s decision overruling Roe and Casey. And even if we could foresee what will happen, we would have no authority to let that knowledge influence our decision. We can only do our job, which is to interpret the law, apply longstanding principles of stare decisis, and decide this case accordingly. 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."

CLICK HERE TO GET THE FOX NEWS APP

The opinion concludes.

"Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives."

Fox News' Ronn Blitzer contributed to this report.