“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.”
5. States have “legitimate interests” in regulating abortion.
A law regulating abortion, like other health and welfare laws, is entitled to a “strong presumption of validity” if there is “a rational basis on which the legislature could have thought that it would serve legitimate state interests.”
“These legitimate interests include respect for and preservation of prenatal life at all stages of development; the protection of maternal health and safety; the elimination of particularly gruesome or barbaric medical procedures; the preservation of the integrity of the medical profession; the mitigation of fetal pain; and the prevention of discrimination on the basis of race, sex, or disability,” the decision explains.
6. Roe’s reasoning was “exceedingly weak.”
“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,” said Alito’s decision.
7. State consensus on abortion existed before Roe.
The right to abortion was “entirely unknown in American law” until the latter part of the 20th century, said Alito’s decision.
“Indeed, when the Fourteenth Amendment was adopted, three quarters of the States made abortion a crime at all stages of pregnancy.”
8. The Supreme Court can’t settle the abortion debate, but legislators may.
“It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives,” the decision says.
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“This Court’s inability to end debate on the issue should not have been surprising. This Court cannot bring about the permanent resolution of a rancorous national controversy simply by dictating a settlement and telling the people to move on. Whatever influence the Court may have on public attitudes must stem from the strength of our opinions, not an attempt to exercise ‘raw judicial power’.”