Almost all Republican members of Congress on Thursday, July 29, called on the Supreme Court to roll back the federal protections for abortion and, if possible, topple the Roe v. Wade ruling that legalized the procedure.
Almost all 231 GOP lawmakers joined a congressional filing to urge the high court to uphold Mississippi’s ban on abortion after 15 weeks of pregnancy—and overturn the Roe v. Wade along the way if necessary, Bloomberg reported.
Only three senators in the Republican caucus refused to join the brief. They were Susan Collins (R-Maine), Lisa Murkowski (R-Alaska), and Shelley Moore Capito (R-W.Va.).
“Mississippi’s case provides the court a chance to release its vice grip on abortion politics,” argued the lawmakers, represented by the advocacy group Americans United for Life.
“Congress and the states have shown that they are ready and able to address the issue in ways that reflect Americans’ varying viewpoints and are grounded in the science of fetal development and maternal health,” they said.
The Mississippi ban, enacted in 2018, makes exceptions only in cases of severe fetal abnormality or significant health risk to the woman. A federal district judge and then a federal appeals court said the ban was unconstitutional.
The high court accepted Mississippi’s appeal in May, but it has not yet set an argument date. A ruling, likely by June 2022, will mark the court’s first look at abortion rights since former President Trump picked Amy Coney Barrett to be confirmed as a Supreme Court Justice last year.
In a separate brief on Thursday, 12 Republican governors also asked the Supreme Court to toss out its abortion-rights precedents, arguing that “the authority to regulate abortion should be returned to the states.”
According to The Hill, the group of governors argued that the court’s landmark 1973 decision in Roe v. Wade unlawfully encroach on states’ rights.
“The judicial constitutionalization of abortion represents an unwarranted intrusion into the sovereign sphere of the States,” they wrote. “Returning to the States the plenary authority to regulate abortion without federal interference would restore the proper (i.e., constitutional) relationship between the States and the Federal Government.”
The governors argued that giving states the authority to regulate abortions would “deescalat[e] tensions on this divisive topic,” and that it would allow states “to serve as laboratories of democracy for establishing and implementing suitable abortion regulations based on the latest scientific knowledge.”
The amicus brief was signed by the Republican governors of Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Iowa, Missouri, Montana, Oklahoma, South Carolina, and Texas.