Mississippi Asks the Supreme Court to Overturn Roe v. Wade

Mississippi’s Attorney General Lynn Fitch has just filed a brief asking the Supreme Court to overturn Roe v. Wade and allow for individual states to determine the options for life and abortion. The case, Dobbs v. Jackson Women’s Health Organization, is related to a Mississippi law that was enacted to ban abortions after 15-weeks.

Of course, lower courts struck down the law citing Supreme Court precedents. So, Mississippi asked the Supreme Court to intervene and hear the case. The ACLJ joined Mississippi and filed an amicus brief in order to encourage the Court to hear the case and put the Constitution before the misguided pro-abortion precedents. The Court agreed to do so and will hear this case this fall.

This case could be the beginning of the end for abortion.

ACLJ Senior Counsel CeCe Heil discussed why Roe v. Wade needs to be overturned in the first place:

What is important for our listeners to know and remember is that there is no right to abortion in the Constitution. It was a judicially fabricated right that was created in the opinion of Roe v. Wade. And that Roe v. Wade opinion has been continuously attacked by legal scholars interestingly on the right and the left as a terrible opinion. And Casey tried to come after Roe v. Wade and say well you know yes, the states do have some legitimate interests in this abortion issue, but it didn’t go far enough. And the problem is they picked this arbitrary point of viability to say when a state’s interest becomes compelling and that is what this case is saying is that is an arbitrary point that was picked and this issue should be returned back to the states where it belongs. And it is interesting that Justice O’Connor stated that the potential life is no less potential in the first weeks that it is at viability. Which just points out the ridiculousness of the Court picking such an arbitrary point which keeps changing with medical technology and as we know more.

Senator James Lankford (OK) joined Sekulow to discuss how, as technology is advancing and more science is coming out, what the Court should do in Dobbs:

There is no question that the Court should look at this case . . . and overturn Roe v. Wade . . . and say states have the right to be able to make a decision to protect their own citizens. What was done in 1973 in Roe v. Wade was an arbitrary decision to say once a child is viable, then the states could actually engage.

As we know from medical science right now, a child at conception when that cell division is happening, that’s DNA that is different than the mom and the dad. That is a unique human being that is there – that is a separate person. The Court should just acknowledge what is already happening in science and what people can see. . . .

Quite frankly, the Supreme Court has allowed for states to be able to have laws in their state to say if someone kills a pregnant mother then they can be held to account for them murdering two people. So, while the Supreme Court in one case allows the state to be able to protect the rights of an unborn child if there is an assault or murder. They don’t allow that same right of the state to be able to protect a child in an abortion. That is a double standard from the Court, and they should acknowledge that. They should pull back and allow the states to make these decisions.

As we are fighting to change domestic issues like abortion in America, the Biden Administration wants a second opinion as to what else needs to be changed. President Biden invited U.N. investigators to conduct a visit to the U.S. specifically to investigate “the scourge of racism, racial discrimination, and xenophobia” in our country. ACLJ Senior Counsel for Global Affairs Mike Pompeo pointed this out in his recent article for the ACLJ and went further to explain how the decision of the Biden Administration inviting U.N. investigators to the U.S. is disgraceful:

So, the Biden Administration invited what they call the U.N. Special Rapporteur – this is someone that goes into countries – their purpose is to validate whether human rights are being violated all around the world. But the truth is this is a politically motivated left-wing institution that they have now invited inside to look at whether the United States of America is systematically racist. First we know the answer to that we don’t need any outside party. . . . We know how this report is going to end. We know precisely who these people are what they are going to send. They are going to say that America is racist . . . , and it's fundamentally untrue. I don’t know why we would put America through this. I don’t know why we would invite these people who don’t respect our country to evaluate who we are, and it is indeed disgraceful. 

In addition to insisting that we need outside investigators to evaluate who we are as a country, the Biden Administration is also adamant on upholding Roe v. Wade and furthering access to abortion around the world. We hope the Supreme Court sees the flaws of Roe v. Wade and remains true to the Constitution. This issue is one we have fought in for decades, and it’s at the core of the ACLJ’s mission. To see more of the ACLJ’s work on the pro-life front, watch our new video series – We Must Fight for Life Now More Than Ever.

Today’s full Sekulow broadcast is complete with further analysis of Mississippi’s Attorney General asking SCOTUS to overturn Roe v. Wade.

Watch the full broadcast below.