The majority opinion disingenuously denies a religious agenda, claiming, "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."
Yet every signer to the majority decision was raised Roman Catholic (with Justice Neil Gorsuch now identifying as Episcopalian). Dissenters Kagan and Breyer identify as Jewish, and Sotomayor is a liberal Catholic, more representative of the majority viewpoint of today’s American Catholic laypeople, who
overwhelmingly support at least some abortion rights and are far more liberal than their church.
The opinion ignores the constitutional principle of separation between state and church and continues the trend of privileging religious persons and their beliefs over the rights of all others. The ideas and reasonings put forth are not foreign to us at the state/church separation watchdog. History and tradition have been used to condone prayers at legislative bodies and to uphold government-sponsored religious displays on public property.
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Roe was egregiously wrong from the start,” Alito writes, saying the significant subsequent rulings reaffirming
Roe “must be overruled” because they too were “egregiously wrong.” Shockingly, Alito even charges that the arguments used in the 7-2 1973
Roe v. Wade decision and subsequent rulings amounted to “an abuse of judicial authority.”
He adds: “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”
The final opinion repeats the highly-criticized language of the leaked draft, in which Alito writes, “The Constitution makes no reference to abortion, and no such right is implicitly protected by any constitutional provision… including the Due Process Clause of the Fourteenth Amendment.”
“Alito claims abortion isn’t among the enumerated rights in the U.S. Constitution, therefore it’s not a right at all — it’s to be left to the whim of whatever legislature happens to run your state — and two-thirds of those legislators, by the way, are male,” comments FFRF Co-President Annie Laurie Gaylor. “Such reproductive tyranny is suitable for a totalitarian state — or a theocracy.”
The Freedom From Religion Foundation condemns in strongest terms the devastating decision today by the Supreme Court’s ultraconservative supermajority to dismantle the fundamental right to an abortion, noting the result
ffrf.org