Mississippi Attorney General Lynn Fitch Files 60-Page Brief with U.S. Supreme Court Arguing that its Precedent on Abortion is "Egregiously Wrong"

Jul 29, 2021:

Jul 25, 2021:

Jul 23, 2021:

Jul 22, 2021:

Mississippi Attorney General Lynn Fitch filed a 60-page brief with the U.S. Supreme Court stating that its precedent on abortion is "egregiously wrong." The brief also asks the Court to overrule Roe v. Wade when it reconvenes next term which begins on October 4, 2021.

The Court is already scheduled to review Mississippi's ban on virtually all abortions after 15 weeks of pregnancy.

An excerpt from Fitch's brief states the following:

On a sound understanding of the Constitution, the answer to the question presented in this case is clear and the path to that answer is straight. Under the Constitution, may a State prohibit elective abortions before viability? Yes. Why? Because nothing in constitutional text, structure, history, or tradition supports a right to abortion.

Source:

Kruzel, John. (July 22, 2021). "Mississippi's attorney general asks Supreme Court to overturn Roe v. Wade". The Hill. Retrieved 2021-08-08

May 17, 2021:

The U.S. Supreme Court said that next term it would review whether all state laws that ban pre-viability abortions are unconstitutional.

Source:

Totenberg, Ninan. (May 17, 2021). "In Challenge To Roe, Supreme Court To Review Mississippi Abortion Law". NPR. Retrieved 2021-08-08

Aug 24, 2020:

Dec 13, 2019:

In Jackson, Mississippi, the 5th U.S. Circuit Court of Appeals upheld Judge Carlton W. Reeve's decision regarding Mississippi's 15-week abortion bill, agreeing that the bill is unconstitutional.

In its ruling, the Court said:

In an unbroken line dating to Roe v. Wade, the Supreme Court's abortion cases have established (and affirmed, and re-affirmed) a woman's right to choose an abortion before viability. States may regulate abortion procedures prior to viability so long as they do not impose an undue burden on the woman's right but they may not ban abortions.

Prohibitions on pre-viability abortions, however, are unconstitutional regardless of the State's interests because 'a State may not prohibit any woman from making the ultimate decision to terminate her pregnancy before viability.'

Source:

Wagster Pettus, Emily. (Dec 13, 2019). "Mississippi 15-week abortion ban is blocked by appeals court". Associated Press. Retrieved 2021-08-09

Nov 21, 2018:

In Mississippi, U.S. District Judge Carlton W. Reeves issued a permanent block on Mississippi's 15-week abortion bill passed in March, 2018.

In his ruling, Reeves said:

The ban's lawfulness hinges on a single question: whether the 15-week mark is before or after viability. The record is clear: States may not ban abortions prior to viability; 15 weeks [since a woman's last menstrual period] is prior to viability.

This act is a ban. It is not a regulation.

The State chose to pass a law it knew was unconstitutional to endorse a decades-long campaign, fueled by national interest groups, to ask the Supreme Court to overturn Roe v. Wade. This Court follows the commands of the Supreme Court and the dictates of the United States Constitution, rather than the disingenuous calculations of the Mississippi Legislature.

The Mississippi Legislature's professed interest in 'women's health' is pure gaslighting. Its leaders are proud to challenge Roe but choose not to lift a finger to address the tragedies lurking on the other side of the delivery room: our alarming infant and maternal mortality rate.

Source:

Sullivan, Emily. (November 21, 2018). "U.S. Judge Strikes Down Mississippi Law That Bans Abortions After 15 Weeks". NPR. Retrieved 2021-08-09

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