Utah senator joins Hawley, Cruz in urging Supreme Court to overturn Roe v. Wade

Local Politics

Sen. Mike Lee (R-Utah) on the floor of the Senate, December 11, 2020 (Nexstar)

WASHINGTON, D.C. (ABC4) – A Utah senator is joining two others in calling on the Supreme Court to overturn Roe v. Wade.

In an Amici Curiae – or “friend of the court” brief – Sens. Mike Lee, Josh Hawley, and Ted Cruz ask the high court to use an ongoing Mississippi case to overturn the ruling that upholds the right to abortion and instead give states the power to make their own rules.

The office of Mississippi’s attorney general, Republican Lynn Fitch, argues the nation’s top court should overturn its landmark ruling from 1973.

The arguments, the Associated Press reports, are a direct challenge to the central finding of the court’s 1973 Roe v. Wade decision and its 1992 decision in a Pennsylvania abortion case. Both rulings said states may not put an undue burden on abortion before viability. The Mississippi attorneys argue that the rulings are “egregiously wrong.”

In the briefing filed Monday, the senators say they “have a strong interest in promoting the clarity and consistency of American constitutional law.

“This status quo is untenable,” the brief reads. “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 [Planned Parenthood v. Casey] should be overruled, and the question of abortion legislation should be returned to the states.”

A 6-3 conservative majority, justices said in May that the court would consider arguments over the Mississippi law that would ban abortion at 15 weeks. Justices are likely to hear the case this fall and could rule on it in the spring.

You can read the full brief here.

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