Three Republican senators addressed an amicus brief to the Supreme Court urging the justices to overturn the 1973 Roe v. Wade court case in which the U.S. Supreme Court decriminalized induced abortion in the United States, Fox News reported.
An amicus brief is a legal document provided to a court that contains advice or information related to a case from a person or organization not directly involved in the case.
This status quo is untenable. Where a legal doctrine has repeatedly failed to offer clarity—where it has proved unworkable in the past and will likely engender unpredictable consequences in the future—its existence constitutes an open invitation to judges to interpret it according to their policy preferences, usurping the constitutional prerogatives of the legislature,” wrote Sens. Josh Hawley (R-Mo.), Mike Lee R-Utah), and Ted Cruz (R-Tex), in a document filed Tuesday, July 27.
The brief filed by the senators urges the court to reverse its ruling in two abortion-related cases, Planned Parenthood of Southeastern Pennsylvania v. Casey and the landmark Roe v. Wade case.
“Roe and Casey should be overruled, and the question of abortion legislation should be returned to the states,” they continued.
The senators, who are also lawyers and legal experts, argue in the brief that the Supreme Court’s “abortion jurisprudence finds no basis in the Constitution.” Also, the court’s “undue burden” standard, in particular, has led to contradictory results, court disarray, and judicial legislations,” according to a press release they issued.
“62 million abortions is enough. This is the greatest social justice cause of our time—the innocent unborn,” wrote Sen Josh Hawley on Twitter.
This news came after the conservative state of Mississippi last week petitioned the Supreme Court to overturn the landmark Roe v Wade ruling. Attorney General Lynn Fitch will prosecute the court challenge.
Fitch on Thursday, July 22, on behalf of Republican Gov. Tate Reeves, raised a request that a Mississippi law banning abortions for women more than 15 weeks pregnant not be declared unconstitutional.
The law passed through the Mississippi Assembly in 2018 but has since been blocked in various lower courts and, after several appeals, the law finally reached the Supreme Court.
The highest court will hear the argument in November and will have to rule by June 2022. Given its conservative majority, it may mark a historic turn in favor of abortion opponents.
This will be the first abortion case to be taken up by the 9-member Supreme Court, 6 of whom are conservative, 3 of whom were appointed during Donald Trump’s presidency.
Mississippi Attorney Fitch’s main argument is that abortion is a political, not a judicial, issue. It should be addressed by individual state Legislators, not the Supreme Court for the entire union.
In this regard, Governor Gregg Abbott (R-Tex.) signed a bill into law this year that would end abortion in Texas territory if Roe v. Wade is ultimately dismissed by the Supreme Court.
In addition to Mississippi, at least 12 other states since 2019 have passed laws banning abortion at various stages of pregnancy.
Experts estimate that the Supreme Court is not likely to overturn the “Roe v. Wade” ruling entirely. However, it could narrow its scope by providing increasing latitude to states to ban abortions.