US Senators Want Supreme Court to Overturn Abortion Rulings

US Senators Want Supreme Court to Overturn Abortion Rulings

( – Former President Donald Trump appointed three Conservative judges to the US Supreme Court (SCOTUS). His final appointee, Justice Amy Coney Barrett, gave Republican appointees a six to three advantage on the nation’s highest court.

As a result, Conservative lawmakers and governors have been pushing to get a case before the court to weaken or overturn the landmark 1973 Roe v. Wade ruling and other cases upholding a woman’s right to an abortion. A group of three Republican Senators recently took the first step toward pressing SCOTUS to make that happen.

On July 22, Mississippi’s Republican attorney general asked the Supreme Court to overturn Roe v. Wade when it decides a challenge to a Mississippi statute limiting most abortions after 15 weeks of pregnancy. Then, on July 26, Senators Josh Hawley (R-MO), Ted Cruz (R-TX), and Mike Lee (R-UT) filed an amicus (or friend of the court) brief in support of the State of Mississippi in Dobbs v. Jackson Women’s Health Organization.

The Senators’ brief urged the court to overturn Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), which granted the states limited ability to implement abortion restrictions but upheld the core ruling in Roe v. Wade.

The Senators argue that past court precedent, or common law, regarding abortion rights remains unclear and gives lower courts too much discretion to hand down rulings based on “their own policy preferences,” opening the door to potential judicial overreach. A new SCOTUS ruling would provide some much-needed clarity here.

Chief Justice Roberts, a George W. Bush appointee, has shown a willingness to work with the court’s Liberals on some important cases, including two major rulings upholding Obamacare. However, Amy Coney Barrett’s recent appointment to the bench gives Conservatives a five to four advantage even in the event Roberts should side with Liberals.

The Supreme Court is set to decide the Mississippi case sometime next year.

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