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| Jonathan Ernst/Reuters |
In an amicus brief submitted Monday, prominent Republican lawmakers Josh Hawley, Mike Lee, and Ted Cruz urged the Supreme Court to use an upcoming Mississippi case on the docket as a means to reverse the Roe v. Wade decision that legalized abortion on a sweeping national scale.
The Senators, writing in support of the petitioners in Dobbs v. Jackson Women’s Health Organization, appealed to their Article I obligation to serve state interests, “such as the protection of prenatal life.” They noted their inability to currently do so owing to what they called an inconsistent, unworkable legal framework on the books for defining constitutional rights.
They asked the high court to reassess its commitment in abortion cases to stare decisis, the legal doctrine that says litigation should defer to precedent and that has for years preserved Roe v. Wade and related rulings despite their shaky legal foundations — namely the “right to privacy” innovation that has no explicit mention in the Constitution. The senators argued that stare decisis should not protect erroneous decisions from being overturned. --->READ MORE HERE
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| Jason Reed/Reuters |
Is the Supreme Court going to overrule Roe v. Wade? That’s the question raised by the abortion case before the Court in the fall. “Roe and Casey are egregiously wrong,” the attorney general of Mississippi, Lynn Fitch, writes in her brief for Dobbs. “The conclusion that abortion is a constitutional right has no basis in text, structure, history, or tradition.” I saw the brief for the first time as I was standing across from an abortion clinic in Manhattan. “Roe and Casey have inflicted significant damage,” she writes. She was specifically talking about the law and how abortion jurisprudence has been a disservice to “principles of democratic self-governance.”
As the brief was being filed, I saw a young woman crying on a street corner after an abortion. Abortion hurts women and kills children. Shortly thereafter, another young woman walked out with a friend, who asked her if she was okay. “Am I okay? Are you really asking, Am I okay?” She was not okay. And we’re not okay with nearly a half-century of legal abortion in the United States. Dobbs is an opportunity for us to reflect on what we’re doing with legal abortion in America.
Fitch writes something that should be quite self-evident from looking around the Internet and the streets I frequent, where prayer regularly gets hissed at. “Far from bringing peace to the controversy over abortion, Roe and Casey have made matters worse.” --->READ MORE HEREFollow links below to related stories:
Hundreds of lawmakers ask SCOTUS to overturn Roe v Wade
Lynn Fitch asks U.S. Supreme Court to overturn Roe v. Wade
It’s Well Past Time for Roe to Go
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