The lawmakers, mostly Republican and mostly male, lobbied in favor of an aggressively restrictive Louisiana law, asking that two landmark abortion decisions 'be reconsidered and, if appropriate, overruled'
Ted Cruz, one of the 207 lawmakers to sign an amicus brief arguing against Roe v. Wade. Photo: Alex Wroblewski/Getty Images A large, mostly male, group of Congress members reminded the U.S. Supreme Court just how much they loathe abortion on Thursday, filing an amicus brief asking the nation’s highest bench to please consider overturning Roe v. Wade.
The case in question is 2014’s June Medical Services LLC v. Gee, which challenges Louisiana’s “Unsafe Abortion Protection Act.” The law, which is not in effect, obligated doctors who perform abortions to secure admitting privileges at a hospital 30 miles away or fewer. Pointing to the Supreme Court’s 2016 Whole Woman’s Health v.
The brief takes aim at both Roe, the landmark 1973 ruling that classified the criminalization of abortion as a violation of the constitutional right to privacy, and 1992’s Planned Parenthood of Southeastern Pennsylvania v. Casey, which established the concept of undue burdens on abortion access.
Further, they contend, “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.”
An amicus brief — full name, Amicus curiae brief, meaning “friend of the court” in Latin — represents an attempt by an uninvolved-but-interested party to influence a decision, and according to the Cornell Law School, they’re often referenced in Court opinions. Considering the Court’s conservative-leaning bench, that’s far from an inspiring thought.
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