WASHINGTON — Gov. Ron DeSantis signed the state of Florida onto an Amicus brief with 12 other Republican governors encouraging the Supreme Court to overturn the 1973 decision in Roe v. Wade that allowed pre-viability abortions in the United States.
After multiple delays, the Supreme Court agreed to hear the case of Dobbs. Vs. Jackson Women’s Health Organization. The case surrounds a Mississippi law that banned (with few exceptions) abortions after the 15th week of pregnancy. Under Roe v. Wade, the ban is unconstitutional. Roe v. Wade ruled abortions were legal before a fetus becomes viable, roughly 24 weeks of pregnancy, per SCOTUSBlog.com.
The U.S. Court of Appeals upheld a federal district court decision that said the law violated the Constitutionality of abortions as established under Roe v. Wade. According to SCOTUSBlog.com, the state said a patient could get an abortion until the 15th week, however, the 5th Circuit Court of Appeals said the law bans all abortions after 15 weeks except for health emergencies or fetal abnormality.
Mississippi asked the Supreme Court to intercede on multiple questions of law. The Supreme Court granted review on the question of whether “all pre-viability bans on elective abortions violate the Constitution,” according to SCOTUSBlog.com.
The Amicus brief DeSantis signed onto included Governors from Alabama, Arkansas, Iowa, Georgia, and is led by South Carolina Governor Henry McMaster. While much of the disagreement over abortion over the years has centered on viability and when life begins; the gubernatorial Amicus brief instead argues the decision of abortions should be a state decision.
“Rather than creating a federal constitutional right, the Court should leave regulating abortion to the States, where the people may act through the democratic process,” the brief stated. “This Court should hold as much – and in the process, help restore the constitutional (but currently disrupted) balance between the Federal Government and the States.”
The brief said the right to abortions should be “de-constitutionalized” and then let states make the decisions they want.
“Giving the States freedom to enact different ideas allows States to see what may work (or not work) for them and for States to learn from each other, as scientific knowledge of fetal development advances,” the brief stated.
However, that would create a patchwork of up to 50 different laws on abortions across the country with differing state statutes on the issue and possible punishments for anyone involved in the abortion, including outside advisers, lawyers, and doctors.
Read the entire brief below:
Amicus brief from 12 states on SCOTUS abortion case on Scribd