12 GOP governors are asking the Supreme Court to overturn Roe V. Wade and let states make their own abortion rules

Top line

Republican governors from 12 states, led by South Carolina Governor Henry McMaster, urged the US Supreme Court to lift its precedent allowing abortions to be lifted Thursday and filed meager pertaining to an upcoming case Mississippi ban on abortion which argues that states should be left to decide for themselves whether or not abortion is legal.

Important facts

Governors from Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Iowa, Missouri, Montana, Oklahoma, and Texas joined South Carolina to sign the mandate after many of those states passed their own laws severely restricting abortion.

The letter – in a case likely to determine the federal legality of abortion – argues that the “judicial constitutionalization of abortion is an unjustified encroachment on the sovereign sphere of states” and claims that the 14th ruled the Roe v Court . Calf.

The “misapplication” of the Roe Amendment’s 14th Amendment and the landmark abortion ruling Planned parenting against Casey “Has turned the careful balance the constitution creates between the federal government and states on its head,” argued the governors, saying the court was intruding into areas of law that should be reserved for the states.

It would also be a “good thing” to let states regulate abortion because it was such a “divisive issue,” argued the governors, claiming it would “make democracy work” by letting voters decide on lawmakers who for or against abortion and “lower the proverbial temperature” political by no longer making abortion a central theme in a Supreme Court confirmatory process or presidential campaign.

It would also “allow states to study different approaches to abortion,” the governors said, claiming that states would be able to legislate based on “science” about the development of the fetus.

The governors’ mandate is one of a he hit of amicus briefs filed in the disputed abortion case, including by advocacy groups and other government officials, including 396 state legislators, 228 House Republicans and Republican Senators Ted Cruz, Texas, Josh Hawley, Mo., and Mike Lee, Utah.

Crucial quote

“For too long, the federal government has delved into issues that are reserved for the federal states under the constitution. Although these forays usually came from the political branches, they occasionally came from this court, ”wrote the governors. “Roe and Casey are typical examples of such mishaps.”

Main critic

In a statement to Forbessaid Planned Parenthood Action Fund president Alexis McGill Johnson in her court letter Thursday, “These governors make it crystal clear that no matter what the Supreme Court decides, access to abortion in their state is not safe.” “By asking the court to break the 50-year-old precedent, they are demanding permission to ban abortions in their states and denying their citizens the freedom to make their own personal health decisions,” said McGill Johnson, adding that so “Immoral and irresponsible” is that these governors continue to give priority to restricting access to basic health care over the safety of their citizens. “

What to look out for

The governors ‘position on Roe versus Wade and states’ ability to regulate abortion comes from the willingness of many states to completely ban the practice should Roe be overturned. According to the Guttmacher Institute, an organization that advocates abortion, 21 states already have laws that could be used to severely restrict abortions should Roe be overturned, including all of the states that have joined the mandate except Florida and Montana. Another 14 states, plus Washington, DC, have reversed laws that to protect the right to abortion when there is no federal law.

Key background

The Supreme Court announced in May, it would take on the Mississippi abortion challenge in the next term, paving the way for the conservative 6: 3 court to pass its most momentous abortion decision in years. The Supreme Court had already ruled that abortion after the 1973 14. Amendment, which states that states “may deprive a person of their life, liberty, or property without due process,” after Interpreting this change to ensure a right to privacy. The court taking up the Mississippi case comes after Republican state officials repeatedly enacted abortion restrictions and bans in order to launch any legal challenge to the Supreme Court to overthrow Roe, and after abortion advocates long feared the court’s conservative leanings would raise a death bell be for the right to abortion. The court said that if it took the case, they would broadly consider whether abortions that take place before the fetus are viable – now legal under Roe – constitutional, which has the potential to overthrow or significantly weaken Roe , the court should rule in Mississippi’s favor. Mississippi officials then found it on a judicial file in July asked the court more explicitly overturning Roe entirely, saying the precedent had “no basis in text, structure, history or tradition”.

further reading

The Supreme Court is considering Mississippi’s abortion ban in a move that could challenge Roe V. Wade (Forbes)

Mississippi calls on the Supreme Court to overturn Roe V. Wade (Forbes)

228 GOP lawmakers urge the Supreme Court to overturn Roe v Wade (CNN)

Trio of Senate Republicans urge the Supreme Court to turn Roe against Wade. to cancel (The hill)

The new Supreme Court case could threaten Roe V. Wade – here are the states with abortion protection if it is overturned (Forbes)

Search for Self-Induced Abortions Increases After SCOTUS Accepts Mississippi’s Roe V. Wade Challenge (Forbes)

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