Dobbs v. Jackson: Landmark Case Reversing Abortion Rights and Its Lasting Impact
Case Background
Dobbs v. Jackson Women’s Health Organization is among the landmark cases in history that made the Court make a decision that will be felt for generations. The case involved Jackson Women’s Health Organization, an abortion clinic in Mississippi. The health organization was the only remaining abortion clinic in the region that was under threat after the State declared a “no abortion” constitutional law after fifteen weeks of pregnancy.
The case was filed in 2018 by the Center for Reproductive Rights and a partner organization on behalf of Jackson. The Mississippi Fifth Circuit Court of Appeals declared a permanent injunction against banning abortion after fifteen weeks since it was unconstitutional for over 50 years. Thus, the Mississippi state appealed to the Supreme Court to grant a permanent ban on abortion and overruling the initial constitutional right to abortion.
Issue
The Center for Reproductive Health challenged the Mississippi law banning women from having an abortion after fifteen weeks of pregnancy. The Center argued that banning abortion violated the constitutional right to privacy stipulated under the Fourteenth Amendment. According to the Center, the right to privacy includes a right to personal liberty and prohibitions on state action, which covers women’s decisions regarding their bodies, abortion, and carrying a pregnancy. The argument was based on the Roe v. Wade case, which upheld that women have a right to abortion, which the Constitution protects (Jane Roe v. Henry Wade, 1973). Therefore, the State’s appeal to ban abortion after fifteen weeks of pregnancy violated women’s constitutional rights.
The Courts Decision
The Supreme Court ruled the case in 2022 in favor of Mississippi, which banned abortion in the State and overruled the Roe v. Wade decision on constitutionally protecting women’s right to abortion. The majority opinion concluded 6:3, headed by Justice Samuel Alito (Dobbs v. Jackson Women’s Health Organization, 2022). The Court overruled the Roe v. Wade case as wrongly decided, arguing that the right to liberty in the Fourteenth Amendment does not include the right to abortion. Citing Washington v. Glucksbergcase, the Court claimed that the right to abortion is not mentioned in the Constitution, making it null and void.
Justices’ Dissent
The Court’s decision was dissented by a minority opinion, including Justice Sotomayor, Breyer, and Kagan. The justices argued that the Court made its decision based on flawed historical approaches where most states were against abortion when the right to liberty was amended in 1868. Although the states did not give a positive stand to the individual right to abortion, it did not mean the law was invalid.
Another dissenting argument was that the Court’s decision failed to honor the Fourteenth Amendment’s duty to protect citizens and enhance humanity. According to the Justices, the amendment was enacted to address the inhumanity during slavery, encompassing the right to individual autonomy and liberty (Dobbs v. Jackson Women’s Health Organization, 2022). Therefore, the right to abortion is constitutional, protecting women’s dignity, freedom, and integrity.
The Impact of the Case
The case marked a historic event as the first time the Supreme Court eliminated a fundamental constitutional right, the right to abortion. It paved the way for every State to establish constitutional laws regarding abortion, which will have many people seeking the services from other regions. Women’s rights to individual autonomy will be violated as they will have to bear carrying unwanted pregnancies, which can affect their human dignity, liberty, and integrity (Palacio, 2023). Consequently, the decision may lead to systematic barriers to care, such as discrimination in healthcare based on social status, race, color, and minority populations.
References
Dobbs v. Jackson Women’s Health Organization. (2022). The Supreme Court-United States. Web.
Jane Roe v Henry Wade. (1973). The Supreme Court- United States. Web.
Palacio, H. (2023). Implications of Dobbs v. Jackson Women’s Health Organization. American Journal of Public Health, 113(4), 388–389. Web.