The State of Mississippi is pushing the Supreme Court of The United States to hear a challenge to the long-held legal precedent of Roe v. Wade. Attorney General Lynn Fitch has asked SCOTUS on July 22nd to restore “the right of the people to pass laws that protect life and women’s health,”. The case: Dobbs v. Jackson Women’s Health Organization asks three questions:
- Whether all pre-viability prohibitions on elective abortions are unconstitutional.
- Whether the validity of a pre-viability law that protects women’s health, the dignity of unborn children, and the integrity of the medical profession and society should be analyzed under Casey’s “undue burden” standard or Hellerstedt’s balancing of benefits and burdens.
- Whether abortion providers have third-party standing to invalidate a law that protects women’s health from the dangers of late-term abortions.
In a press release, Attorney General Finch wrote,
“There are those who would like to believe that Roe v. Wade settled the issue of abortion once and for all,” said Attorney General Fitch. “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.”
A Devastating Smackdown of Roe v. Wade- And SCOTUS Will Hear It
The Court brief in Dobbs v. Jackson Women’s Health Organization read refutes Roe v. Wade and Planned Parenthood v. Casey bluntly, directly with no equivocation as “depart(ing) from a sound understanding of the Constitution” and “egregiously wrong”.
The brief read in part,
“This Court’s abortion precedents depart from a sound understanding of the Constitution. In Roe v. Wade, 410 U.S. 113 (1973), and Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992), this Court held that abortion is a right specially protected by the Fourteenth Amendment, and so laws restricting it must withstand heightened scrutiny,” Fitch wrote in the brief. “This Court should overrule Roe and Casey.”
“Roe and Casey are egregiously wrong,” the brief stated. “The conclusion that abortion is a constitutional right has no basis in text, structure, history, or tradition.”
“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,” said Fitch.
NEW: In major abortion case at the Supreme Court, Mississippi is explicitly asking in court papers filed today for the justices to overturn landmark Roe v. Wade ruling pic.twitter.com/jqrscxE1I6
— Lawrence Hurley (@lawrencehurley) July 22, 2021
The Supreme Court of the United States agreed to hear Mississippi’s appeal of the 5th Circuit court’s decision striking down a state law that prohibited abortions after the 15th week of pregnancy. The case is expected to be argued after the new SCOTUS term begins in October with a decision anticipated by summer. Every day that the decision draws closer, we can expect more partisan pressure and attacks to mount against the conservatives of the bench with the likes of Senate Majority Leader Chuck Schumer threatening the Court yet again.
On an unusually honest day in March 2020, Schumer said what he truly meant, he’s tried to walk it back since. But the Justices will remember his words well.
“I want to tell you Gorsuch I want to tell you Kavanagh you have released the whirlwind and you will pay the price. You won’t know what hit you if you go forward with these awful decisions.”
