Hundreds of GOP Lawmakers Sign Amicus Brief Asking Supreme Court to Overturn Roe v. Wade
One hundred eighty-four Republican lawmakers in the United States House of Representatives and forty-four in the Senate drafted, signed, and submitted an amicus brief to the Supreme Court on Thursday urging its nine Justices to overturn Roe versus Wade, the landmark 1973 ruling that codified access to abortion as a constitutional right.
The signatories include Senate Minority Leader Mitch McConnell (R-KY), House Minority Leader Kevin McCarthy (R-CA), and other leaders within the GOP’s conference.
The Court is scheduled to take up Mississippi’s recent law banning all abortions after 15 weeks in its next term.
“Mississippi’s case provides the Court a chance to release its vise grip on abortion politics, as Congress and the States have shown that they are ready and able to address the issue in ways that reflect Americans’ varying viewpoints and are grounded in the science of fetal development and maternal health. The States have expressed the desire to protect life through a burgeoning number of laws enacted to further the States’ important interests in protecting women from dangerous late-term abortion, ending the destruction of human life based on sexism, racism, or ableism, upholding the integrity of the medical profession against the barbaric practice of dismembering human beings in the womb, and protecting preborn infants from the horrific pain of such abortions,” the brief states.
“The Court has agreed to consider a single question presented by the State of Mississippi, viz., ‘Whether all pre-viability prohibitions on elective abortions are unconstitutional.’ The Members of Congress urge the Court to answer ‘No’ and uphold Mississippi’s law, or return the case to the lower courts for consideration on a full evidentiary record of the crucial interests the State relied upon in determining to regulate the availability of late-term abortion,” it continues.
The authors argued that the issue of abortion boils down to states’ rights.
“It is the States that have primary authority over healthcare and there is no constitutional right to provide abortion or to avoid regulation,” they wrote. “If the Court construes Roe and Casey as prohibiting the assertion of vital state interests in regulating abortion – such as protecting women from dangerous late-term abortions, safeguarding persons in the womb from being aborted based on Down syndrome or genetic anomaly, and protecting the public from barbaric medical procedures – these precedents should be reconsidered and, where necessary, wholly or partially overruled.”