roe v wade

Who Voted Against Roe v. Wade? How Each Supreme Court Justice Ruled on Overturning

NBCUniversal Media, LLC

The U.S. Supreme Court on Friday voted to overturn landmark ruling Roe v. Wade, which provided constitutional protections for abortions across the nation for nearly 50 years, leaving power to the states.

The court ruled 6-3 to uphold a Mississippi abortion ban being challenged in the case and 5-4 to overturn Roe. About half of U.S. states have already indicated they would move to ban the procedure.

Here's a breakdown of how each Supreme Court justice sided and their comments on the ruling:

Justices Who Voted to Overturn Roe v. Wade

Amy Coney Barrett

Samuel A. Alito, Jr.

"It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives," Justice Samuel Alito wrote in the opinion overturning the ruling, calling the original Roe decision "egregiously wrong and deeply damaging."

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

Brett Kavanaugh

In a concurring opinion, Justice Brett Kavanaugh said states should not block people from traveling to get an abortion, citing the “constitutional right to interstate travel.”

Neil M. Gorsuch

Clarence Thomas

Justice Clarence Thomas called on the court to revisit other decisions, including on contraception and same-sex marriage. In his opinion, he wrote that he would do away with the doctrine of "substantive due process" and explicitly called on the court to overrule the rulings in Griswold v. Connecticut, on the right to contraception; Lawrence v. Texas, on the right to same-sex intimacy; and Obergefell v. Hodges, on the right to same-sex marriage.

Justices Who Voted to Uphold Roe v. Wade

Stephen G. Breyer

Sonia Sotomayor

Elena Kagan

Justices Breyer, Kagan and Sotomayor warned overturning Roe v. Wade would threaten other high court decisions in favor of gay rights and even potentially contraception.

The majority “eliminates a 50-year-old constitutional right that safeguards women’s freedom and equal station," according to their dissent. "It breaches a core rule-of-law principle, designed to promote constancy in the law. In doing all of that, it places in jeopardy other rights, from contraception to same-sex intimacy and marriage. And finally, it undermines the Court’s legitimacy.”

John G. Roberts, Jr.

In his opinion, Chief Justice John Roberts urged the court not to overturn the landmark decision.

“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.

NBC News
Contact Us