Mississippi filed a brief Thursday with the Supreme Court of the United States directly asking the justices to overturn Roe v. Wade.
The Supreme Court voted in May to take up a case (Dobbs v. Jackson Women’s Health Organization) that centers on a Mississippi Pro-Life law that prohibits elective abortions at 15 weeks’ gestation. The primary question justices will consider in Dobbs is, “Are all pre-viability abortion bans unconstitutional?” Yesterday’s brief, however, asks the Supreme Court to overturn Roe altogether.
“The conclusion that abortion is a constitutional right has no basis in text, structure, history, or tradition” Mississippi Attorney General Lynn Fitch wrote.
Mississippi’s brief defends states’ rights to pass laws that protect preborn babies.
“There are those who would like to believe that Roe v. Wade settled the issue of abortion once and for all,” Fitch stated on her official website. “But all it did was establish a special-rules regime for abortion jurisprudence that has left these cases out of step with other Court decisions and neutral principles of law applied by the Court. As a result, state legislatures, and the people they represent, have lacked clarity in passing laws to protect legitimate public interests, and artificial guideposts have stunted important public debate on how we, as a society, care for the dignity of women and their children. It is time for the Court to set this right and return this political debate to the political branches of government.”
Fitch continues, “The only workable approach to accommodating the competing interests here is to return the matter to ‘legislators, not judges.’…The national fever on abortion can break only when this Court returns abortion policy to the states – where agreement is more common, compromise is more possible, and disagreement can be resolved at the ballot box.”
“With this brief, we’re simply asking the Court to affirm the right of the people to protect their legitimate interests and to provide clarity on how they may do so,” the attorney general stated.
Meanwhile, Texans aggressively attack abortion. Soon, under the Texas Heartbeat Act, citizens will be able to sue abortionists for killing preborn babies.
The tide seems to be turning.
With a 6-3 conservative majority on the Supreme Court, abortion proponents are terrified that the end of Roe is near.
Oral arguments in Dobbs will begin in October, with a decision likely occurring next summer.
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