Justice Alito J, gives his historical approach in the case of Roe V. Wade which argues for the recognition of the constitutional right to abortion.
FACTS OF THE CASE
The Republican States petitioned for the overturning of the decision made in Roe v. Wade, which was rendered 50 years ago. They wanted to outright outlaw abortions or place strong limitations on them. On the basis of Roe, lower courts had temporarily stayed the new abortion-banning laws passed by various states. Previously, The Trump administration’s support of traditional Christian beliefs had made sure that the court was crowded enough for the Roe overturn.
The issue in question was whether American women had a constitutional right to get abortions prior to fetal viability or even quickening, which had been formerly upheld in Roe and Casey’s case as a part of Liberty and Equality, including autonomy and physical rights.
In Dobbs v. Jackson, the majority, which was affected by feudal retrogression, gave a negative response and overturned both Roe and Casey.
JUDGEMENT
The U.S. Constitution mentions freedom, equality, and due process, just as Articles 21 and 14 of the Indian Constitution mention equality and “fair, just, and reasonable method” for their deprivation, respectively. All courts acknowledge that these rights do have a concealed domain, and courts occasionally attempt at broadening the scope of these rights. Speaking for the majority, Kavanaugh J. agrees that “the Constitution does not freeze the rights of the American people as of 1791 or 1868.”
Justice Alito J, speaking for the people, stated that within the US Constitution, the addition of new rights cannot be done so unless it is deeply rooted and aligned with the history and traditions of the country. And since before the case of Roe V. Wade, the right to abortion was never recognized and thus, it is not ingrained or aligned to the history of rights in the country. Thus it is said that such a right could not be recognized.
JUDGEMENT REVIEW BY SREYA MARY.
