Local, state leaders speak on Supreme Court abortion decision

Elected leaders are reacting to the recent Dobbs v. Jackson Women's Health Organization decision by the U.S. Supreme Court.

The Supreme Court ruled Friday that Americans no longer have a constitutional right to abortion, a decision that overturns Roe v. Wade and erases a reproductive right the high court established nearly five decades ago.

In Tennessee, a 2019 "trigger ban" law empowers the state to enact a near-total abortion ban across the state within 30 days.

Tennessee Lt. Gov. Randy McNally

Tennessee Lt. Gov. Randy McNally, R-Oak Ridge, gave his thoughts on the ruling in a news release issued later Friday.

“This decision is a huge win for the cause of Life. For too long, abortion policy in this nation has been controlled by the federal judiciary. Now, once again, the voters of the individual states will have the ability to make policy through democratic means," he said.

"In Tennessee, the voters have already made their views known through the passage of a constitutional amendment that makes clear that no right to abortion is contained in our constitution. With passage of our trigger law and a comprehensive heartbeat bill, Tennessee’s General Assembly has been well prepared for this day. Very soon the pro-life voters of Tennessee will finally see their policy preferences enshrined in law. A great day for the cause of Life and the state of Tennessee.”

U.S. Congressman Chuck Fleischmann

“Today is a momentous and historic day for our Republic. Forty-nine years ago, in 1973, the Supreme Court twisted our Constitution to create the right to abortion that has never existed in the Constitution. With today’s ruling, the egregious and wrongly decided Roe v. Wade decision and 1992’s Planned Parenthood v. Casey decision have been struck down, and the question of abortion goes back to the states and the people where it belongs,” U.S. Rep. Chuck Fleischmann stated Friday in a news release. The congressman, also a Republican, represents the Third District, which includes Oak Ridge.

“Since 1973, over 63 million innocent babies have been killed because of Roe. Beginning today, every unborn child has the chance to live as our Creator intended. I am proud that Tennessee will lead the way to protect life in our state now (that) Roe is gone.”

Senator Bill Hagerty

“I believe we have a moral duty to protect unborn children who cannot protect themselves. Today is a consequential day, not only for those who believe that all life is a precious gift, but also for American democracy and the rule of law," U.S. Sen. Bill Hagerty, R-Tenn, . stated in an emailed news release. "This decision doesn’t ban abortion — it simply returns decision-making on abortion to the people. That’s how it should be in a republic — matters not addressed by the Constitution should be decided by the people through their elected representatives, not by nine unelected judges in Washington, D.C. I will continue to strongly advocate for pro-life policies that safeguard our children and our families.”

Senator Marsha Blackburn

“Having worked alongside Tennesseans to protect the innocent lives of unborn children for years, I applaud today’s Supreme Court ruling. Despite false claims from the left, this decision will not ban abortion. Instead, it returns the decision to the states and empowers state legislatures with more flexibility to craft policy through the democratic process,” U.S. Sen. Marsha Blackburn, R-Tenn., stated in an emailed news release. “It is unacceptable that a draft opinion was leaked in advance and that the person responsible has not been caught. The leaker has jeopardized the safety of our justices, and threats of violence by the radical militant mob are unacceptable. We appreciate the brave law enforcement officers working overtime to protect our justices and their families.”

Tennessee Rep. John Ragan

Rep John Ragan, R-Oak Ridge, sent a response Monday giving thoughts on the decision's constitutional background.

"Article III. Section 1. of the U.S Constitution states (in part): 'The judicial Power of the United States, shall be vested in one supreme Court ...' Additionally, Article III. Section 2. of the U.S. Constitution states (in part): 'The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution…' Article VI. of the U.S. Constitution states (in part): 'This Constitution, and the Laws of the United States which shall be made in Pursuance thereof … shall be the supreme Law of the Land ...'

"Therefore, decisions properly rendered by the SCOTUS within their delegated powers interpreting the U.S. Constitution are binding. To definitively clarify, states and individual citizens do not have the power to ignore, override or abrogate SCOTUS rulings interpreting the U..S Constitution," he stated.

"Consequently, in accordance with my sworn oath to support and defend the U.S. Constitution, my position aligns with that expressed by the SCOTUS in the Dobbs case. In other words, the power to regulate abortion belongs to the states, and there is no constitutional right to abortion. Moreover, by this ruling, SCOTUS's previous decisions in Roe v. Wade (1973) and Planned Parenthood of Southeastern Pa. v. Casey (1992) were made in error. Furthermore, notwithstanding any presence of error, only the SCOTUS may correct its previous error through overturning a decision.

"In this context, it is worth noting that overturning earlier SCOTUS rulings made in error is not unique to the Dobbs case. For example, consider the Plessy v. Ferguson (1896) decision (separate but equal) that was overturned by the Brown v. Board of Education decision (1954).

"At the core of the abortion issue that SCOTUS returned to the states in accordance with the Tenth Amendment is the question of when life begins. To the honest evaluator, the scientific evidence is irrefutable: new life begins at conception. That is to say, from the moment of conception, the zygote has its own unique DNA structure, is alive and growing, and is equipped to become a mature human being.

"By implication, unregulated abortion appears to violate the first and most basic of all of the 'unalienable' rights noted in our Declaration of Independence: the right to life. Moreover, unrestricted abortion irrevocably infringes on the right to life with, neither, the legal justifications, nor protections, guaranteed in the US Constitution.

"Therefore, it is my position that Tennessee’s power to regulate abortion is recognized under the Tenth Amendment. As a result, the General Assembly, at its discretion, may regulate abortion up to the point of comprehensive prohibition except for a physical health threat to the mother," he stated.

Ben Pounds is a staff reporter for The Oak Ridger. Call him at (865) 441-2317, email him at bpounds@oakridger.com and follow him on Twitter @Bpoundsjournal.

This article originally appeared on Oakridger: Local, state leaders speak on Supreme Court abortion decision