支持者支持程度不同 |
送交者: FVCK 2022月06月24日09:46:52 于 [五 味 斋] 发送悄悄话 |
回 答: 反对者包括两个老油,一个波多黎各西裔 由 Palmoil 于 2022-06-24 09:18:58 |
Google Translate: Chief Justice Roberts, appointed by President George W. Bush, concurred in the judgment only, and would have limited the decision to upholding the Mississippi law at issue in the case, which banned abortions after 15 weeks. Dissenting were Justices Stephen Breyer, appointed by President Clinton, and Justices Sonia Sotomayor and Elena Kagan, appointed by President Obama. "With sorrow — for this Court, but more, for the many millions of American women who have today lost a fundamental constitutional protection — we dissent," they wrote. Indeed, the 78-page opinion, which has a 30-page appendix, seemingly leaves no authority uncited as support for the proposition that there is no inherent right to privacy or personal autonomy in various provisions of the Constitution — and similarly, no evidence that peoples' reliance on the court's abortion precedents over the past half century should matter. Alito pointed for instance, to Planned Parenthood v. Casey, the 1992 decision that upheld the central holding of Roe and was written by Justices Sandra Day O'Connor, Anthony Kennedy and David Souter, all Republican appointees to the court. Alito pointed to language in the Casey opinion that he said "conceded" reliance interests were not really implicated because contraception could prevent almost all unplanned pregnancies. It is not unusual for justices to cherry pick quotes but not so out of context and not from former colleagues who are still alive and privately, not amused at all.In fact, though, that 1992 opinion went on to dismiss that very argument as "unrealistic," because it "refuse[s] to face the fact" that for decades "people have organized intimate relationships and made choices ... in reliance on the availability of abortion in the event that contraception should fail." Not exactly the concession that Alito described. In the end, though, Alito's opinion has a larger objective, perhaps multiple objectives. Writing for the majority, he said forthrightly that abortion is a matter to be decided by states and the voters in the states. "We hold," he wrote, that "the Constitution does not confer a right to abortion." As to what standard the courts should apply in the event that a state regulation is challenged, Alito said any state regulation of abortion is presumptively valid and "must be sustained if there is a rational basis on which the legislature could have thought" it was serving "legitimate state interests," including "respect for and preservation of prenatal life at all stages of development." In addition, he noted, states are entitled to regulate abortion to eliminate "gruesome and barbaric" medical procedures; to "preserve the integrity of the medical profession"; and to prevent discrimination on the basis of race, sex, or disability, including barring abortion in cases of fetal abnormality. Ultimately, the translation of all that is that states appear to be completely free to ban abortions for any reason. Near the end of the opinion, Alito sought to allay fears about the wide-ranging nature of his opinion. "To ensure that our decision is not misunderstood or mischaracterized, we emphasize that our decision concerns the constitutional right to abortion and no other right. Nothing in this opinion should be understood to cast doubt on precedents that do not concern abortion. " But in his concurrent opinion, Justice Thomas said the legal rationale for Friday's decision could be applied to overturn other major cases, including those that legalized gay marriage. "For that reason, in future cases, we should reconsider all of this Court's substantive due process precedents, including Griswold, Lawrence, and Obergefell," he wrote. "Because any substantive due process decision is 'demonstrably erroneous.'" The court's liberals noted that Thomas's language cast doubts on Alito's majority opinion that said the court's decision did not mean that cases like Obergefell would be affected. "The first problem with the majority's account comes from Justice Thomas's concurrence—which makes clear he is not with the program," they wrote. "In saying that nothing in today's opinion casts doubt on non-abortion precedents, Justice Thomas explains, he means only that they are not at issue in this very case." The next steps on abortion across the country would play out in a variety of ways, almost all of them resulting in abortion bans. Several states — among them Mississippi, North Carolina, and Wisconsin — still have decades-old abortion bans on their books; with Roe overturned, those states could revert to a pre-Roe environment. Officials in such states could seek to enforce old laws, or ask the courts to reinstate them. For example, a Michigan law dating back to 1931 would make abortion a felony. Gov. Gretchen Whitmer, a Democrat, has been working to try to block that law. |
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