Sanchez v. Johnson

Sanchez v. Johnson (06-001) was a landmark decision of the United States Supreme Court in which the court ruled that under the Due Process Clause in the 14th Amendment, the right to choose when it comes to abortion was indirectly protected by the Constitution

It was a 5-3 decision, with 3 of the 4 conservative justices dissenting. The case shocked the public when Justice Amy Coney Barrett ruled with Sanchez.

The decision caused many protests from right wingers and anti-abortion activists across the country, and tons of pro life activists going to the Supreme Court. Some people went to the homes of Justice Amy Schultz, Justice Stevens, and Justice Janes.

Decision
In July 2006, after the justices had a meaningful and educational debate, every Justice casted their opinion.

The Justices were either voting on striking down the Savannah, Jefferson, and Albany abortion restriction laws. In Savannah, abortion was banned from conception unless the woman was raped or is in danger if she gives birth. In Jefferson, the law remained the same. In Albany, abortion was banned after 6 weeks, or viability. After crucial debate, the court ruled in a 5-3 decision that the Constitution protects abortion, upholding Roe v. Wade and striking down the Savannah, Jefferson, and Albany laws and blocking any future laws from presenting themselves.

Hearing the case
Sanchez argued that under the Due Process Clause of the 14th Amendment, it stated that the government may not deprive someone of life, liberty, or property without due process of law. She stated that if her uterus was considered her property, then anything entering her uterus is also hers and therefore has the right to do what she will with her own property. Johnson argued that prenatal life is in fact, existent, and that any cell is living. They argued that an embryo is a clump of cells, meaning it has life and proclaiming abortion as murder.

SANCHEZ V. JOHNSON ET. AL.
Argued 2006

Decided 2006

Full case name EMILIA SANCHEZ V. JOHN JOHNSON, IN HIS FULL CAPACITY AS JEFFERSON GOVERNOR, EDUARDO FRANCO, IN HIS FULL CAPACITY AS SAVANNAH GOVERNOR, AND DONALD TRUMP, IN HIS FULL CAPACITY AS GOVERNOR OF ALBANY

Opinion Opinion

HOLDING The right to an abortion is not absolute, but the Fourteenth Amendment does indirectly grant a right to privacy. With abortion being a private procedure between a woman and her doctor, abortion has indirect protection in the Constitution. Abortion is hereby protected under the Constitution up until gestation, and states will be unable to pass any abortion prohibitions before 27 weeks of pregnancy. Roe is upheld.

COURT MEMBERSHIP Chief Justice Clarence Thomas

Associate Justices John Paul Stevens, Robert Goldberg, Anthony Kennedy, Diana Maddow, Amy Coney Barrett, Mary Janes, Matthew Jackson Majority Barrett, joined by Stevens, Kennedy, Jackson, Janes

Concurrence Janes

Dissented Thomas, joined by Maddow and Goldberg

Orders/laws struck Savannah Executive Order 0022, Jefferson Executive Order 0002, Albany Heartbeat Bill