The 1973 Supreme Court decision legalizing abortion is under renewed scrutiny with a conservative majority currently serving on the nation’s highest court.
According to reports, a group of Republican senators is petitioning the Supreme Court to overturn Roe v. Wade as well as the 1992 decision in the case of Planned Parenthood of Southeastern Pennsylvania v. Casey.
“Status quo is untenable”
By asking the Supreme Court to overturn these two decisions, the GOP lawmakers are effectively attempting to remove the foundation on which the perceived right to abortion rests.
Sens. Josh Hawley (R-MO), Mike Lee (R-UT), and Ted Cruz (R-TX) filed an amicus brief in the Mississippi abortion case of Dobbs vs. Jackson Women’s Health Organization, which the Supreme Court is set to hear in October.
In its court filing, the senators argued that the “status quo is untenable” in defending abortion rights on constitutional grounds.
“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,” they wrote.
Trump picks could prove pivotal
The trio of Senate Republicans wants the Supreme Court to overturn the Roe and Casey decisions and return the abortion issue to the legislature where citizens can determine through their elected representatives whether or not it should be legal.
In the upcoming Dobbs case, the Supreme Court will consider whether laws outlawing pre-viability abortion bans are constitutional. The underlying Mississippi law bans most abortions after 15 weeks.
The case is the first major abortion case that the court will hear with the conservative majority solidified under former President Donald Trump.
Three justices nominated by Trump — Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett — could prove to be pivotal votes in reshaping this hot-button issue.
If Trump’s nominees vote as some Democrats predicted during their confirmation hearings, it could prove to be a nightmare scenario for pro-abortion leftists nationwide.