Miller: Left looking to add ‘Roe Part 2’ as SCOTUS hears Texas abortion case

The U.S. Supreme Court is set to hear major cases on abortion this term, leaving many on the left anxious to protect, and even expand, Roe v. Wade. 

When the court hears oral arguments Monday on a Texas abortion ban, Fox News reports, lawyers from America First Legal, a group founded by former Trump adviser Stephen Miller, will be there defending it — and the left will be angling to build on Roe with a new “Roe Part 2,” Miller warned.

Left wants “Roe Part 2”

The Texas ban is unusual in that it allows private citizens to sue abortionists and those who “aid and abet” abortions after six weeks.

The law’s opponents say it seeks to circumvent Roe v. Wade, which made abortion legal nationwide, and President Joe Biden has called the law “un-American” while vowing to overturn it by any means necessary.

But as Miller explained to Fox News, Roe restricts the state from limiting abortion — it doesn’t stop private individuals from pursuing civil actions, which occupy a “wholly separate legal sphere” than that which Roe controls.

The Texas ban is compliant with Roe, Miller said, so the left is trying to establish a “completely different Roe Part 2” to protect abortion that “has nothing to do with the original ruling.”

“The Texas Heartbeat Bill was written to be fully congruent with federal law, state law, and Roe v. Wade,” he told Fox. “Pro-abortion activists have had to invent one radical extra-legal pathway after another to go after it.”

A “breathtaking” usurpation

While states have been blocked from enforcing criminal statutes against abortion since Roe was decided decades ago — a status quo Miller called “preposterous” — he decried the latest “breathtaking step” by the Biden administration and abortion advocates to stop citizens from making their own laws.

“In every other area of public life, people are able to, through the legislatures, pass laws against sex trafficking, sexual abuse, elder abuse, against every other social ill imaginable,” he argued.

If the Texas heartbeat bill stands, “the people of Texas will have reclaimed some measure of democracy,” he said. It remains in effect, for now, the Associated Press noted.

The two cases being heard Monday are from the Justice Department, and abortion providers, respectively.

The Supreme Court will also hear a case out of Mississippi this December that directly invokes Roe.

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