NEWS & ANALYSIS

Republican Senators File Amicus Brief Calling for Supreme Court to Overturn Roe v. Wade


Leading republican senators filed an amicus brief Monday, calling on the Supreme Court to overrule its decisions in two famous abortion cases. 

Sens. Josh Hawley, Mike Lee and Ted Cruz filed the brief in Dobbs v. Jackson Women’s Health Organization, which the court is scheduled to hear starting in October, BizPacReview reports. The lawmakers asked the Court to overturn its rulings in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey

“This status quo is untenable,” the senators wrote. “Where a legal doctrine has repeatedly failed to offer clarity – where it has proved unworkable in the past and will likely engender unpredictable consequences in the future – its existence constitutes an open invitation to judges to interpret it according to their own policy preferences, usurping the constitutional prerogatives of the legislature.” 

Roe and Casey should be overruled,” they continue, “and the question of abortion legislation should be returned to the states.” 

The request came as the Court is set to debate an abortion restriction legislation that bans all abortions after 15 weeks of pregnancy, a law which Mississippi passed in 2018. 

These aren’t the first lawmakers to make a move like this. As previously reported by Human Events News, Mississippi’s Attorney General asked the Supreme Court last week to overturn Roe V. Wade when it comes together next term. 

“This Court should overrule Roe and Casey,” Attorney General Lynn Fitch said in a brief. “Roe and Casey are egregiously wrong. They have proven hopelessly unworkable…And nothing but a full break from those cases can stem the harms they have caused.”

“Under the Constitution, may a state prohibit elective abortions before viability? Yes. Why? Because nothing in constitutional text, structure, history or tradition supports a right to abortion,” Fitch said.