Casey<\/em> must be overruled,\u201d wrote Alito. \u201cIt is time to heed the Constitution and return the issue of abortion to the people\u2019s elected representatives.\u201d<\/p>\nChief Justice John Roberts concurred with the decision, but wrote a separate opinion, saying that he would have \u201ctaken a more measured course.\u201d<\/p>\n
While he agreed that the viability line established by Roe should have been discarded, he argued that this would have been the time to practice \u201cjudicial restraint.\u201d<\/p>\n
\u201cIf it is not necessary to decide more to dispose of a case, then it is necessary not to decide more,\u201d he wrote.<\/p>\n
\u201cSurely, we should adhere closely to principles of judicial restraint here, where the broader path the court chooses entails repudiating a constitutional right we have not only previously recognized, but also expressly reaffirmed applying the doctrine of stare decisis,\u201d he continued. \u201cThe court\u2019s opinion is thoughtful and thorough, but those virtues cannot compensate for the fact that its dramatic and consequential ruling is unnecessary to decide the case before us.\u201d<\/p>\n
Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan joined in their dissent, writing that Roe<\/em> and Casey<\/em> reaffirmed a woman\u2019s right whether or not to have a child in the first stages of her pregnancy. \u201cThe government could not control a woman\u2019s body or the course of a woman\u2019s life: It could not determine what the woman\u2019s future would be,\u201d they wrote.<\/p>\n\u201cToday, the court discards that balance. It says that from the very moment of fertilization, a woman has no rights to speak of,\u201d wrote the justices. \u201cA state can force her to bring a pregnancy to term, even at the steepest personal and familial costs. An abortion restriction, the majority holds, is permissible whenever rational, the lowest level of scrutiny known to the law.<\/p>\n
\u2018Value on choosing life and mandates\u2019<\/strong><\/p>\nJewish groups came out in full force regarding the decision, with clear opinions on both sides of the issue.<\/p>\n
Agudath Israel of America welcomed the ruling, calling it a \u201chistoric development\u201d in a statement.<\/p>\n
\u201cAgudath Israel has long been on record as opposing Roe v. Wade\u2019s<\/em> legalization of abortion on demand,\u201d the statement read. \u201cInformed by the teaching of Jewish law that fetal life is entitled to significant protection\u2014with termination of pregnancy authorized only under certain extraordinary circumstances\u2014we are deeply troubled by the staggering number of pregnancies in the United States that end in abortion.\u201d<\/p>\nThe organization added that it does not \u201cseek to impose our religious beliefs on the broader American society, \u201cbut states that it believes \u201cthat society, through its laws, should promote a social ethic that affirms the supreme value of life. Allowing abortion on demand, in contrast, promotes a social ethic that devalues life.\u201d<\/p>\n
\u201cWe pray that today\u2019s ruling will inspire all Americans to appreciate the moral magnitude of the abortion issue and to embrace a culture that celebrates life,\u201d the statement concluded.<\/p>\n
The Orthodox Union reiterated its position when the draft was leaked by saying that the organization could neither celebrate nor mourn the decision, as it could not support an absolute ban on abortion at any time during the pregnancy for lifesaving situations nor support legislation that doesn\u2019t limit abortion to situations where carrying a pregnancy to term would risk the life of the mother.<\/p>\n
\u201cJewish law places paramount value on choosing life and mandates\u2014not as a right but as a responsibility\u2014safeguarding our own lives and the lives of others by behaving in a healthy and secure manner, doing everything in our power to save lives, and refraining from endangering others. This concern for even potential life extends to the unborn fetus and to the terminally ill,\u201d the OU said in its news release. \u201cThe \u2018right to choose\u2019 (as well as the \u2018right to die\u2019) [is] thus completely at odds with our religious and halachic<\/em> values. Legislation and court rulings that enshrine such rights concern us deeply on a societal level.\u201d<\/p>\nStill, that same mandate also requires concern for the mother, it explained, which Jewish law prioritizes over that of a fetus when it endangers the mother\u2019s life, and \u201can abortion may be authorized, if not mandated by halachah<\/em> and should be available to all women irrespective of their economic status.\u201d<\/p>\n\u201cLegislation and court rulings, federally or in any state, that absolutely ban abortion without regard for the health of the mother would literally limit our ability to live our lives in accordance with our responsibility to preserve life,\u201d wrote the OU. \u201cThe extreme polarization around and politicization of the abortion issue does not bode well for a much-needed nuanced result. Human life\u2014the value of everyone created in the Divine Image\u2014is far too important.\u201d<\/p>\n
The Coalition for Jewish Values welcomed the ruling, stating that Judaism regards all life as sacred.<\/p>\n
\u201cJewish law permits abortion only in truly extraordinary circumstances. This does not describe the situation in America today, where the overwhelming majority of abortions are done as an elective procedure,\u201d CJV wrote in a news release. \u201cThe dialogue needs to change: If everything is a human right, then in the end, nothing remains worthy of special protection. We must return to a society that cherishes human rights and human life.\u201d<\/p>\n
\u2018Rights of woman ahead of rights of fetus\u2019<\/strong><\/p>\nIn a statement, Jewish Council for Public Affairs said it is \u201coutraged by this decision,\u201d adding that it does not \u201crepresent the will of the people nor is in the best interest of the country.\u201d<\/p>\n
\u201cProhibiting abortion access is contrary to Jewish law, traditions, and our principal value of saving a life; it enshrines specific religious imperatives in American law,\u201d said JCPA. \u201cJudaism compels us to stand for all life, and we prioritize the life and health of a pregnant person. While we treat a fetus with great significance; it does not merit the status of a person until the moment of birth and then it has equal status with the person giving birth.\u201d<\/p>\n
The statement added that \u201cJewish law supports abortion of a fetus up until the moment of birth.\u201d<\/p>\n
While the Union of Orthodox Jewish Congregations of America is a member of JCPA, it did not join in on the statement, claiming that it cannot \u201cendorse a public policy that does not reflect the complex response of halachah<\/em> to the abortion issue. In most circumstances, the halachah <\/em>proscribes abortion, but there are cases in which halachah<\/em> permits and indeed mandates abortion.\u201d<\/p>\nB\u2019nai B\u2019rith also issued a statement disapproving of the Supreme Court\u2019s decision, lamenting \u201cthe loss of federally ensured reproductive choice.\u201d<\/p>\n
\u201cJudaism very clearly puts the rights of a woman ahead of the rights of a fetus in cases where the women\u2019s health is threatened,\u201d added the statement.<\/p>\n
Hadassah president Rhoda Smolow and CEO Naomi Adler called the decision an \u201cattack on American women and their rights to health care, privacy and autonomy.\u201d They emphasized that their organization will \u201ccontinue to fight for federal and state legislation affirming and protecting reproductive rights.\u201d<\/p>\n
\u201cThis decision is a horrific violation of human and civil rights,\u201d they said, \u201cand will cause immeasurable harm to millions who have just lost access to safe and legal health care. We grieve, but we are not giving up.\u201d<\/p>\n
The National Coalition of Jewish Women called the decision a \u201chorrific violation of human and civil rights,\u201d adding that it \u201cwill cause immeasurable harm to millions who have just lost access to safe and legal health care.\u201d<\/p>\n
Bend the Arc: Jewish Action joined the condemnations accusing the Supreme Court of being \u201cdetermined to enforce their extreme, unpopular and dangerous views over the will of the people.\u201d<\/p>\n
The Conservative Judaism movement\u2019s Rabbinical Assembly said in a news release that it was outraged by the decision, calling it the most extreme case of government overreach in their lifetimes.<\/p>\n
\u201cMany Americans now face a dire crisis. Many more face uncertainty. This is a dangerous time for all people who are capable of becoming pregnant, especially those in categories who have poorer maternal outcomes, and particularly BIPOC (Black, Indigenous, People of Color) people or those of lower socioeconomic backgrounds,\u201d said the RA.<\/p>\n
\u201cBased on our understanding of Jewish tradition and religious freedom, the RA supports the right to full access for all those who need abortions to the entire spectrum of reproductive healthcare and strongly opposes all efforts by governmental, private entities, or individuals to limit or dismantle such access,\u201d continued the RA. \u201cDenying individuals access to the complete spectrum of reproductive health care, including contraception, abortion-inducing devices and medications, and abortions, among others, on religious grounds, deprives those who need medical care of their Constitutional right to religious freedom.\u201d<\/p>\n
The Central Conference of American Rabbis (CCAR), which represents rabbis from Reform Judaism, slammed the decision and called on Congress to pass a federal law to guarantee the right. The group affirmed that it will continue to support its members who will be in need of abortion care and continue fighting state laws to restrict abortion. It also said that it would support its rabbis who will choose to \u201cparticipate in civil disobedience if necessary to save the lives of and ensure access to health care for pregnant people.\u201d<\/p>\n
\u201cAt this terrifying moment in American history for all people who can become pregnant and for all who love them,\u201d concluded CCAR, \u201cReform rabbis stand ready to comfort the afflicted and to act on behalf of all who need any kind of reproductive health care, including abortion care.\u201d<\/p>\n
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