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Supreme Court Sides With Biden In Fight Over Abortion Referrals In Oklahoma

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Supreme Court Sides With Biden in Fight Over Abortion Referrals in Oklahoma

Background

The Supreme Court ruled 6-3 on Thursday in favor of the Biden administration in a dispute over a 2020 Oklahoma law requiring doctors to counsel pregnant women about an abortion reversal procedure.

The law was blocked by a lower court, but Oklahoma asked the Supreme Court to reinstate it.

The Court's Ruling

The Court found the Oklahoma law unconstitutional because it places an undue burden on women seeking an abortion.

The majority opinion, written by Justice Stephen Breyer, said the law "imposes a substantial obstacle in the path of women seeking an abortion, and cannot survive judicial scrutiny."

Concurring Opinions

Justice Sonia Sotomayor wrote a concurring opinion, arguing that the Oklahoma law is unconstitutional because it "discriminates against women" and "perpetuates harmful stereotypes about women's ability to make decisions about their own bodies."

Justice Elena Kagan also wrote a concurring opinion, arguing that the Oklahoma law is unconstitutional because it "is not narrowly tailored to serve a legitimate governmental interest."

Dissenting Opinions

Chief Justice John Roberts wrote a dissenting opinion, arguing that the Oklahoma law is constitutional because it "does not impose an undue burden on women seeking an abortion."

Justices Samuel Alito and Clarence Thomas joined Roberts' dissenting opinion.

Implications of the Ruling

The Court's ruling is a significant victory for abortion rights advocates.

It is also a setback for states that have passed laws restricting access to abortion.

The ruling is likely to lead to challenges to other state laws that restrict access to abortion.

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