Who voted to overturn Roe v. Wade and who voted to uphold it

The Supreme Court voted to overturn the landmark 1973 ruling in a 5-4 decision.

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The United States Supreme Court voted to overturn Roe v. Wade on Friday after ruling on Dobbs v. Jackson Women's Health Organization, a case that originated in Mississippi and involved restrictions on abortion access.

The ruling in support of Dobbs v. Jackson was 6-3, while the ruling overturning Roe v. Wade was 5-4. The rulings fell largely along political lines: The court's conservative wing voted to overturn Roe v. Wade, which guaranteed a constitutional right to abortion, and the court's liberal side voted to uphold the landmark 1973 ruling.

The ruling does not make abortion illegal nationwide, but does mean that states can make their own rules on abortion, including banning the procedure or enacting restrictions.

Here's how the justices voted on the two cases.

Justices who voted to overturn Roe v. Wade

Clarence Thomas

Justice Clarence Thomas voted to overturn Roe v. Wade. He also called on the court to consider looking at other major cases, including Obergefell v. Hodges (which gives the right to same-sex marriage) and Griswold v. Connecticut (which protects the right to contraception).

“As I have previously explained, ‘substantive due process’ is an oxymoron that ‘lack(s) any basis in the Constitution,’” he wrote.

Samuel A. Alito, Jr.

Justice Samuel A. Alito, Jr. voted to overturn Roe v. Wade. Alito wrote the opinion overturning the ruling, writing that the Constitution does not reference abortion.

“It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives,” he wrote.

Alito also wrote the draft opinion that circulated in May, which revealed that the Supreme Court was likely to overturn Roe v. Wade.

Neil M. Gorsuch

Justice Neil M. Gorsuch voted to overturn Roe v. Wade and in support of the Mississippi law.

Brett M. Kavanaugh

Justice Brett M. Kavanaugh voted to overturn Roe v. Wade and in support of the Mississippi law. In a concurring opinion, Kavanaugh did write that states should not block people from traveling to get an abortion, citing the “constitutional right to interstate travel.”

Amy Coney Barrett

The Supreme Court’s newest member, Justice Amy Coney Barrett, voted to overturn Roe v. Wade and to uphold the Mississippi law.

Justices who voted to uphold Roe v. Wade

Stephen G. Breyer

Justice Stephen G. Breyer, who is retiring at the end of this Supreme Court term and will be replaced by Judge Ketanji Brown Jackson, voted against overturning Roe v. Wade. Breyer also voted against upholding the Mississippi law.

Sonia Sotomayor

Justice Sonia Sotomayor voted against overturning Roe v. Wade and against upholding the Mississippi law.

Elena Kagan

Justice Elena Kagan voted against overturning Roe v. Wade and against upholding the Mississippi law.

John G. Roberts, Jr.

Justice John G. Roberts, Jr., the chief justice of the Supreme Court, voted to uphold Dobbs v. Jackson Women’s Health Organization on Friday.

In his opinion on the case, Roberts urged the court not to overturn Roe v. Wade.

“Surely 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,” he wrote.

Roberts is the only justice who voted to uphold the Mississippi law but did not vote to overturn Roe v. Wade.

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