In a stunning and encouraging display of political solidarity, more than 200 Republican lawmakers filed a brief with the Supreme Court on Thursday, urging the justices to consider overturning the landmark abortion cases that currently govern the United States’ laws concerning abortion.
As an amicus brief to bolster Louisiana’s Unsafe Abortion Protection Act, which will come before the Supreme Court in March, 39 senators and 168 House members – all but two of whom are Republicans – asked the court to “reconsider” Roe v. Wade and the 1992 Planned Parenthood v. Casey.
The Louisiana law, which has been blocked by a federal district court since 2017, would require any doctor who performs abortions to have admitting privileges at a nearby hospital in case of an emergency. Though a federal judge blocked the law, it was subsequently upheld by the 5th U.S. Circuit Court of Appeals in a ruling that rejected the argument that the law put an “undue burden” on those seeking an abortion. The Supreme Court reinstated the block last February in order to consider the law’s constitutionality. Last week, the court announced that it would hear the case in full on the spring docket.
“Amici respectfully suggest 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,” the lawmakers wrote.
No reader will be shocked to learn that the Supreme Court’s taking of the case and the amicus brief filed by Republican lawmakers has conspired to put abortion activists and Democrats into Defcon 1.
“Republicans want to turn back the clock, outlaw abortion, and deny people reproductive health care—and they’re hoping the Supreme Court will back their radical play. We need to take back the Senate and pass federal laws protecting our reproductive rights,” shrieked Sen. Elizabeth Warren.
Writer Lauren Rankin tweeted: “I won’t hold my breath waiting for an apology from those who said that abortion rights supporters were being ‘hysterical’ when we decried Brett Kavanaugh’s appointment to the Supreme Court as the possible end of Roe v. Wade. But here it is. They want to end legal abortion.”
Well, Lauren, it’s not so much that, it’s that we want to end this charade that says that legal abortion is a right grounded in the Constitution and that states have no recourse when it comes to regulating or restricting the practice.
Someone named Amy Siskin: “Holy f*ck in 2020 this is happening! 39 Republican senators and 168 representatives signed to end Roe v Wade. Every one of them up for re-election should face the consequences! #TheHandmaidsTale”
If “consequences” translates as “landslide victories,” we couldn’t agree more, Amy.
The long era of the left’s replacing the Constitution with activist judicial decrees is slowly but surely coming to an end.