Mississippi Attorney General Files Brief Telling Supreme Court to Overturn Roe v. Wade

A pro-life group is symbolically gagged during a vigil in front of the Supreme Court in Washington DC. Photo by Ben Schumin on February 1, 2006.

Mississippi Attorney General Lynn Fitch filed a brief with an ongoing Supreme Court this week which stated the need to overturn the landmark abortion cases Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey, which she characterized as “indefensible.”

Fitch argued that the issue of abortion should not be treated as a “fundamental right” and that in our constitutional republic, it is the job of the people and their elected representatives, not the courts, to determine its legality.

The brief was filed in Dobbs v Jackson Women’s Health Organization, a case challenging a Mississippi abortion law which is being considered by the high court and could potentially result in Roe v. Wade being overturned.

“Finally forced to defend those cases, respondents drive home the stark reality: Roe and Casey are indefensible,” the attorney general wrote in her reply brief, as reported by LifeNews. “Respondents do not claim that constitutional text or structure establishes a right to abortion. And they do not seriously argue that Roe and Casey are correct as an original matter. Their defense of Casey is to repeat its reasoning.”

“Not treating abortion as a fundamental right treats it as the Constitution does most important issues: for the people to decide,” she explained. “When this Court returns this issue to the people, the people can debate, adapt, and find workable solutions. It will be hard for the people too, but under the Constitution the task is theirs—and the Court should return it to them now.”

Fitch also highlighted that significant advancements in the field of science along with social changes that have presented more professional opportunities for women since Roe was decided in 1973, which further undermines the erroneous argument that women need abortion in order to succeed.

She wrote that the respondents “do not dispute (for example) that more women than men now enroll in law school and medical school, that women’s college enrollment has continued to climb, or that record numbers of women serve in state legislatures and Congress. Nor do respondents contest that laws enacted since Roe facilitate the ability of women to pursue both career success and a rich family life.”

Fitch summed up the respondent’s position that “that millions of women have a meaningful life only because 50 years ago seven men in Roe saved them from despair—and that women’s success comes at the cost of ending innumerable human lives,” which she declared is “the debased view that Roe and Casey have produced.”

“It is time to get rid of them,” Fitch stated.

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