More than 200 members of Congress are urging the United States Supreme Court to “reconsider” the landmark 1973 ruling that legalized abortion nationwide.
In an amicus brief signed by 38 senators and 168 members of the House, the federal legislators urged the nation’s highest court to revisit the core holdings in the cases that have enshrined abortion as a constitutional right for decades, particularly Roe v. Wade and Planned Parenthood v. Casey, a 1992 decision that upheld and reinforced Roe.
All but two of the signers of the brief were Republicans. Pro-life Democratic Reps. Collin Peterson of Minnesota and Dan Lipinski of Illinois also added their names to the document.
The amicus brief signed by these members of Congress comes ahead of an upcoming Supreme Court review of a contested Louisiana law in June Medical Services v. Gee. Oral arguments will be heard in March. Louisiana’s Unsafe Abortion Protection Act, which has been on the books since 2014, requires abortionists to have admitting privileges at a hospital within a 30-mile radius.
The Fifth Circuit Court of Appeals has maintained that the Louisiana law is distinctly different from a near-identical Texas statute that was adjudicated a few years ago at the Supreme Court. In 2016, the high court ruled in a 5-3 decision in Whole Woman’s Health v. Hellerstedt that the Texas law was not constitutional because it placed an undue burden on women seeking abortions.
The Fifth Circuit hears cases from both Texas and Louisiana and held last year that “stark differences” exist between the factual records in the two cases.
Lawmakers concur but go even farther, arguing in the brief that “the Fifth Circuit’s struggle to define the appropriate ‘large fraction’ or determine what ‘burden’ on abortion access is ‘undue’ illustrates the unworkability of the ‘right to abortion’ found in Roe v. Wade … and the need for the Court to again take up the issue of whether Roe and Casey should be reconsidered and, if appropriate, overruled.”
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SOURCE: Christian Post, Brandon Showalter