24 State AGs Tell Supreme Court to Overturn Roe v. Wade, Protect Unborn Babies

National   |   Micaiah Bilger   |   Jul 30, 2021   |   12:45PM   |   Washington, DC

State attorneys general in half of the country are urging the U.S. Supreme Court to overturn Roe v. Wade and allow states to protect unborn babies again.

On Thursday, 24 state attorneys general filed an amicus brief supporting Mississippi Attorney General Lynn Fitch and her defense of a state law that bans abortions after 15 weeks of pregnancy, according to Ozark Radio News.

“Time has not lessened the belief that unborn life deserves protection …” they wrote. “People of good conscience will always disagree on this issue, and the Court’s attempt to settle it has failed. Moreover, the Court’s continuing vacillation over the constitutional test and the creation of new, abortion-specific rules have only made matters worse.”

Their argument is one of many filed with the Supreme Court this week as it prepares to hear the Mississippi case in October. At issue in the case is the question of “whether all pre-viability prohibitions on elective abortion are unconstitutional.”

Oklahoma Attorney General John O’Connor, who helped file the brief, said abortion violates basic human rights and freedoms that are fundamental to America, according to OCPA.

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“When the Supreme Court issued Roe v. Wade in 1973, the Court … dehumanized an entire class of people by ordering states to allow the abortions,” O’Connor said. “Moreover, it degraded the character of our nation as one that values compassion and condemns violence. My colleagues and I encourage the court to correct this egregious mistake, overturn the lower court’s ruling and allow states to protect their unborn children.”

Here’s more from the report:

In the brief, the attorneys general say Roe v. Wade is not grounded in the U.S. Constitution and has distorted other areas of law, applying special rules to abortion that are not applied in any other legal context. As a result, they say the “right” to abortion is in some ways more protected by than rights specifically written in the Constitution, like free speech. …

The brief said the U.S. Supreme Court’s abortion jurisprudence is “neither stable nor predictable, and its foundational decisions are patently wrong,” and that the Roe and Casey rulings “created and preserved a nonexistent constitutional right.”

“Roe’s failing is straightforward: The Constitution does not include a right to abortion, and there is no history or tradition of protecting such a right,” the brief states, calling abortion “a ‘right’ in search of a constitutional home” that is “found nowhere in the text of the Constitution.”

Joining O’Connor were the attorneys general of Texas, Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Missouri, Montana, Nebraska, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, Utah, West Virginia and Wyoming.

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.

Most Americans believe our abortion laws are too radical, and states should be allowed to protect unborn babies from abortions.

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. Gallup polls also consistently find that a majority of Americans want all or most abortions to be illegal.

Since the Supreme Court ruled on Roe in 1973, about 63 million unborn babies have been killed in abortions.