Mississippi Attorney General Lynn Fitch (R), in a 60-page brief filed Thursday, urged the Supreme Court to overturn Roe v. Wade.
Fitch argued that the case for overturning Roe v. Wade and a later decision, 1992’s Planned Parenthood v. Casey, is overwhelming.
“This Court should overrule Roe and Casey,” the Mississippi AG writes. “Roe and Casey are egregiously wrong. They have proven hopelessly unworkable.”
She added, “Nothing but a full break from those cases can stem the harms they have caused.”
The state is appealing lower court rulings that struck down a law that banned virtually all abortions after 15 weeks of pregnancy.
Earlier this week, an Obama-appointed federal judge also blocked a similar law in Arkansas.
“The conclusion that abortion is a constitutional right has no basis in text, structure, history, or tradition,” Fitch said.
“Conservatives believe the court is more open to striking down the decision following former President Donald Trump’s three appointments to the court,” ABC News reported in March.
And they were given a glimmer of hope soon thereafter.
This past May, the Supreme Court announced they would consider the Mississippi abortion law that bans most abortions after 15 weeks.
University of Texas School of Law professor Steve Vladeck told CNN at the time: “This will be, by far, the most important abortion case the Court will have heard since the Casey decision in 1992.”
Despite the conservative makeup of the court thanks to President Trump, it seems unlikely that this group of Justices would have the moral courage to overturn Roe v. Wade.
Earlier this week, The Political Insider reported that conservatives have not been impressed with the liberal decisions of the three nominally conservative judges.
Just last year, the Supreme Court struck down abortion restrictions in Louisiana which left “the status quo of abortion law unchanged.”
With that case, Axios reported a familiar refrain in describing the victory for pro-abortion activists, as they wrote, “Chief Justice John Roberts joined the court’s more liberal justices in the decision.”
Trump, though, appointed Amy Coney Barrett to the court since then and hinted her addition could lead to a review of Roe v. Wade, saying it would be “certainly possible.”
Senator Lindsey Graham, during Barrett’s confirmation hearing, beamed, “This is the first time in American history that we’ve nominated a woman who’s unashamedly pro-life and embraces her faith without apology.”
Supreme Court Justice Amy Coney Barrett has not ruled specifically on abortion in the past, but her writings in a 2013 Texas Law Review article give a brief glance into whether she might consider a review of Roe.
“Public response to controversial cases like Roe reflects public rejection of the proposition that [precedent] can declare a permanent victor in a divisive constitutional struggle rather than desire that the precedent remain forever unchanging,” she wrote.
This past March, Arkansas Governor Asa Hutchinson signed into law a near-total abortion ban, one of the most pro-life measures in the nation.
A federal judge temporarily blocked the Arkansas abortion ban earlier this week.
Similarly, a federal judge in February blocked South Carolina’s so-called heartbeat ban, a law meant to block abortion procedures at the detection of a fetal heartbeat.
Both judges were nominated by President Barack Obama in 2012.
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