"Confused? You Won't Be..."

Lately, I've been considering the implications of the United States Supreme Court's decision in Dobbs v. Jackson Women's Health Organization (2022).  You may or may not know that this case had to do with the "right" to seek an abortion, as affirmed in Roe v. Wade (1973) (1, 2).    

On its face, the language used in the opinion is pretty straightforward.  However, when one looks at another part of the Constitution, the meaning of this passage gets a bit murky. 

For reference, let's examine Article 6, Clause 2 of the United States Constitution, a section of text that is commonly known as the "Supremacy Clause".   

To wit:

"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding" (3).    

The gist of this is twofold.  

First, when it comes to conflicts between state constitutions and the federal constitution, it is the latter set of laws that take precedence.  

Second, the individual states have the right to make laws for themselves, as long as the federal constitution hasn't already weighed in on the matter at hand.  Again, in such cases, it is the federal law that is superior.    

Returning back to the decision in Dobbs, we find the language of the Court to be the following:    

"Held: The (US) Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion is returned to the people and their elected representatives".  

As you can see, this is somewhat confusing in the fact that the Court referred the issue to the states, yet notably mentioned that Roe was overruled.  In my (strictly unprofessional) opinion, this calls for some clarification.  

Having examined the context of this ruling, this is what I believe the Court meant/should've specifically said:    

"There is nothing in the Constitution that specifically confers a right to abortion.  Thus, the several states may determine this issue for themselves, deciding on a state-by-state basis whether to overrule Roe and Casey".  

In short, the assembled justices should've declared that because the federal constitution doesn't weigh in on abortion, it is not specifically within the authority of the Court to overrule Roe.  That question is left to each individual state, and the elected representatives within such states.    

Unfortunately, abortion for any purpose is legal in Connecticut, up until about five months after conception (that is, the second trimester).  I oppose this, and would like to see a law enacted that limits such abortions to when they are needed to save the life of the mother (4, 5).    

Sadly, both incumbent Democrat Governor Ned Lamont and Republican challenger Bob Stefanowski have said that they support the current law (6, 7).  

So there it is.  Hopefully, the above explanation makes the issue a bit more clear for you.  

Note: Thanks to the late Rod Roddy (1937-2003) for inspiration regarding the title of this entry (quoted from the TV series "Soap") (8, 9).  

Sources:

1. 19-1392 Dobbs V. Jackson Women’s Health Organization. United States Supreme Court, 24 June 2022, https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf. Accessed 20 July 2022.  

2. “Roe v. Wade.” Wikipedia, Wikimedia Foundation, en.wikipedia.org/wiki/Roe_v._Wade. Accessed 20 July 2022.

3. “U.S. Constitution - Article 6.” The U.S. Constitution Online, USConstitution.net, www.usconstitution.net/xconst_A6.html. Accessed 20 July 2022.

4. Pazniokas, Mark. “CT Is Now a ‘Safe Harbor’ for Abortion Seekers. What Does That Mean?” CT Mirror, 27 June 2022, ctmirror.org/2022/06/27/ct-will-become-a-safe-harbor-for-abortion-seekers-on-july-1-what-does-that-mean. Accessed 20 July 2022. 

5. “Fetal Viability.” Wikipedia, Wikimedia Foundation, en.wikipedia.org/wiki/Fetal_viability. Accessed 20 July 2022.

6. Grace-Flood, Nora, and Paul Bass. “Guv, Docs Blast Roe Reversal, Vow Fight.” New Haven Independent, 24 June 2022, www.newhavenindependent.org/article/lamont_health_professionals_blast_roe_v_wade_overrule. Accessed 20 July 2022.  

7. “Supreme Court Roe v. Wade Decision Has No Impact on CT Residents: Gubernatorial Candidate Stefanowski.” NBC Connecticut, WVIT Hartford, 24 June 2022, www.nbcconnecticut.com/news/local/supreme-court-roe-v-wade-decision-has-no-impact-on-ct-residents-gubernatorial-candidate-stefanowski/2813240. Accessed 20 July 2022.

8. “Rod Roddy.” Wikipedia, Wikimedia Foundation, en.wikipedia.org/wiki/Rod_Roddy. Accessed 20 July 2022.

9. “Soap (TV Series).” Wikipedia, Wikimedia Foundation, en.wikipedia.org/wiki/Soap_(TV_series). Accessed 20 July 2022.