Republican Governors Tell Supreme Court to Overturn Roe v. Wade So States Can Ban Abortions

National   |   Steven Ertelt   |   Jul 29, 2021   |   1:40PM   |   Washington, DC

All across the country, Americans are urging the U.S. Supreme Court to overturn Roe v. Wade and end the atrocity of abortion.

On Thursday, a group of pro-life Republican governors joined the throng when they filed an amicus brief asking the justices to allow states to protect unborn babies from abortion once again, The Hill reports.

South Carolina Gov. Henry McMaster led the brief, joined by the governors of Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Iowa, Missouri, Montana, Oklahoma and Texas.

They wrote to support a Mississippi law before the Supreme Court that would ban abortions on unborn babies after 15 weeks. At issue in the case is the question of “whether all pre-viability prohibitions on elective abortion are unconstitutional.”

The governors said many judges have recognized the Fourteenth Amendment does not include any “right to terminate the life of an unborn child” and none of the Supreme Court’s major abortion rulings claim otherwise. Yet, in Roe v. Wade, the Supreme Court “somewhere” found a constitutional right to abortion and took away states’ rights to protect unborn babies, they wrote.

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“The court should take this opportunity to correct the mistakes in its abortion jurisprudence and recognize that the text and original understanding of the Fourteenth Amendment have nothing to do with abortion,” the governors told the Supreme Court.

They urged the justices to give “this issue back to the people” and allow states to protect unborn babies from abortions again.

In Roe and later Planned Parenthood v. Casey, the Supreme Court prohibited states from banning abortions before an unborn baby is viable. As a result, the U.S. is one of only seven countries in the world that allows elective abortions after 20 weeks of pregnancy.

But viability is a moving line. Around the time of Roe v. Wade, babies were considered to be viable at about 28 weeks of pregnancy, but as medicine advanced, the line moved back to 24 weeks and now is about 22 weeks.

For years, many states have tried to challenge the arbitrary “viability” precedent, passing laws to ban abortions completely or at various stages of pregnancy. That precedent is the key issue before the Supreme Court in the Mississippi case.

Last week, Mississippi Attorney General Lynn Fitch filed her arguments to the high court, urging it to allow states to protect unborn babies again.

“The only workable approach to accommodating the competing interests here is to return the matter to ‘legislators, not judges,’” Fitch wrote. “…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.”

Many others also are filing briefs to the Supreme Court in support of unborn babies’ right to life, including Dr. Alveda King, more than 300 state lawmakersprofessors from Princeton and Oxford universities, National Right to Life, Americans United for Life, Students for Life, the Center for Medical Progress and other leading pro-life organizations.

A new AP-NORC Center for Public Affairs Research poll found that a strong majority of Americans believe states should be allowed to ban abortions after the first trimester. According to the poll, 65 percent said most or all second-trimester abortions should be illegal; the number increased to 80 percent in the third trimester.

The justices are scheduled to hear the case Dobbs v. Jackson Women’s Health Organization in October.