In the case of Roe v. Wade (1973), the United States Supreme Court ruled that the Constitution of the United States protected a right to have an abortion. This decision caused many abortion laws that had been passed by the states to no longer be constitutional.
In June 2022, Roe v Wade was overturned by the Court with their ruling in Dobbs v. Jackson Women’s Health Organization. The Court offered the opinion that the right to an abortion was not a common right or tradition in the history of our country until the 1973 Roe decision. There was a scandal attached to the Dobbs decision when a draft of the majority opinion was leaked prior to the Court releasing the opinion. Once the opinion was released, in essence it said that Roe was wrong from the start and the reasoning behind the decision extremely weak, reversing itself by saying that the Constitution makes no reference to having a right to an abortion, and no right to an abortion is protected by any constitutional provision.
Courts at the state, federal, and Supreme Court levels only make rulings on the abortion issue because states have enacted a law that either supports pro-choice (can have an abortion), or pro-life (cannot have an abortion).
Question: Is this a decision that should be made by the states, and thus interpreted by the courts, or is this a decision that should remain with the individual person and anyone else that person wishes to involve in the decision without support or interference from the state? Explain your answer.
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