As always, you can find the Dobbs v. Jackson decision here.

Paragraph 6 of 6

Sentence 4 of 4

One final sentence to close out Part II B 2 c, and it consists of a single claim:

“In short, the ‘Court’s opinion in Roe itself convincingly refutes the notion that the abortion liberty is deeply rooted in the history or tradition of our people.’ Thornburgh v. American College of Obstetricians and Gynecologists, 476 U.S. 747, 793 (1986) (White, J., dissenting).”

I’ll check on the citation, even though there’s more than just confirming the quote to this. The claim’s truth will only be established if the quoted claim is also established, and that’s a long way off. But here’s the quote anyway:

“If the woman’s liberty to choose an abortion is fundamental, then it is not because any of our precedents (aside from Roe itself) command or justify that result; it can only be because protection for this unique choice is, itself, ‘implicit in the concept of ordered liberty,’ or, perhaps, ‘deeply rooted in this Nation’s history and tradition.’ It seems clear to me that it is neither. The Court’s opinion in Roe itself convincingly refutes the notion that the abortion liberty is deeply rooted in the history or tradition of our people, as does the continuing and deep division of the people themselves over the question of abortion. As for the notion that choice in the matter of abortion is implicit in the concept of ordered liberty, it seems apparent to me that a free, egalitarian, and democratic society does not presuppose any particular rule or set of rules with respect to abortion. And again, the fact that many men and women of good will and high commitment to constitutional government place themselves on both sides of the abortion controversy strengthens my own conviction that the values animating the Constitution do not compel recognition of the abortion liberty as fundamental. In so denominating that liberty, the Court engages not in constitutional interpretation, but in the unrestrained imposition of its own extraconstitutional value preferences.”

The quote is there, but checking the argument that led to that claim will take some time, so this is undetermined:

• “In short, the ‘Court’s opinion in Roe itself convincingly refutes the notion that the abortion liberty is deeply rooted in the history or tradition of our people.’