Reaction is pouring in from all quarters to the U.S. Supreme Court’s recent overturning of Roe v. Wade which, since 1973, had protected a woman’s right to choose to have an abortion without excessive government restriction.
The Supreme Court on June 24 officially ruled 5-4 against Roe v. Wade, which effectively ended recognition of a constitutional right to abortion. The ruling now gives individual states the power to allow, limit, or ban the practice altogether.
The California state legislature responded quickly. The state Assembly, just three days after Roe v. Wade was overturned, passed SCA 10, a constitutional amendment to make explicit the fundamental constitutional right to abortion and contraceptives in a 58-16 vote. The bill, jointly authored by Senate President pro-Tempore Toni G. Atkins (D-San Diego) and Assembly Speaker Anthony Rendon (D-Lakewood), was co-authored by a large coalition of Democratic legislators.
“Abortion is health care, and should be a private discussion between a patient and their health care provider,” said Atkins (pictured above). “When politicians and judges force themselves into that room, safety goes out the window.
“Friday was a dark day. Today, we provide a ray of hope by enabling voters to enshrine reproductive rights in our constitution, reflecting California’s values and protecting all who need an abortion, contraceptives, and other reproductive care in our state.”
Voting to overturn Roe were justices Clarence Thomas, Neil M. Gorsuch, Brett Kavanaugh, Samuel A. Alito, Jr., and Amy Coney Barrett. Voting to uphold Roe were Chief Justice John G. Roberts, Jr. along with justices Stephen G. Breyer, Sonia Sotomayor, and Elena Kagan.
“I’m deeply disappointed with the Supreme Court ruling taking away women’s right to choose,” said District 2 Councilmember Dr. Jennifer Campbell. “As a physician, I know that this decision will cost women their lives. It is not possible to ban abortions; they are only banning access to safe abortions.
“We will continue to ensure that San Diego is a safe place for women to make their own healthcare decisions, including regarding abortion. And I’m leading the way for San Diego to support the California State constitutional amendment enshrining reproductive rights into law in our state.”
Thirteen states had “trigger bans” designed to take effect as soon as Roe was overturned and are expected to ban abortion immediately or within 30 days. A total of 26 states are certain, or likely, to attempt to ban abortion immediately, according to the Guttmacher Institute, a research and policy organization committed to advancing sexual and reproductive health and rights worldwide.
The ruling came in the SCOTUS’s opinion in Dobbs v. Jackson Women’s Health Organization, which centered on a Mississippi law that banned abortion after 15 weeks of pregnancy. The Republican-led state of Mississippi asked the Supreme Court to strike down a lower court ruling that stopped the 15-week abortion ban from taking place.
“We end this opinion where we began. Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives,” Justice Samuel Alito wrote in the court’s majority opinion.
Lawyers Club of San Diego joined an amicus brief in the Dobbs case in September 2021.
“We will continue to support and advance reproductive rights, which are crucial for women to be able to participate fully and equally in society,” said Lawyers Club president Shannon Finley. “In the coming year, we will focus efforts on how we can support the millions of women who are put at risk by the overturning of Roe v. Wade, which is already forcing the closure of health care facilities nationwide.”
The anti-abortion side spoke out as well immediately following the Supreme Court decision.
“For nearly 50 years, America has enforced an unjust law that has permitted some to decide whether others can live or die,” said Archbishop José Gómez, president of the U.S. Conference of Catholic Bishops, and Archbishop William Lori, the head of the bishops’ pro-life committee, in a joint statement. “We thank God today that the Court has now overturned this decision. We pray that our elected officials will now enact laws and policies that promote and protect the most vulnerable among us.”
Archbishop Gómez and Archbishop Lori added, “Now is the time to begin the work of building a post-Roe America.” They called for “civil dialogue” and “for coming together to build a society and economy that supports marriages and families, and where every woman has the support and resources she needs to bring her child into this world in love.”
A statement from the Society of Jesus in the United States called abortion “a massive injustice in our society” and praised the decision as “a critical step toward the legal protection of all unborn children.”
San Diego legislators spoke out on Roe’s reversal.
“I joined leaders from around the region last week to send a clear message that we are going to fight like hell for women’s rights at the state and local levels – and continue to advocate for a federal law protecting abortion rights in every state,” said San Diego Mayor Todd Gloria in his newsletter. “I applaud Senate President Pro Tem Toni Atkins and Assembly Speaker Anthony Rendon for authoring SCA 10, an amendment to the California Constitution that would enshrine reproductive rights here in the state that will be on the ballot in November. Abortion will remain safe and legal in California and in San Diego, but we cannot be content to be an island of freedom and justice. Use your voice and your vote to support women’s right to bodily autonomy.”
“This is a dark day in our country as constitutionally protected rights that have been in place for almost half a century have been erased,” said Nathan Fletcher, chair of San Diego County Board of Supervisors. “This decision will create uncertainty where there was clarity. This ruling is one that none of us hoped to see, but one we all feared could occur. We must use this tremendous setback as motivation. It’s time to fight forward, to fight for what is right, and work together to fight injustices against women and all people. In California, we have safeguards in place to preserve your right to choose. Your reproductive freedom is safe here, and your County is committed to preserving reproductive healthcare and protecting your right to choose.”