Townhall recently got a first look at a brief filed by former Vice President Mike Pence's organization, Advancing American Freedom (AAF), asking that the U.S. Supreme Court overturn its abortion decisions Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). That brief follows the one recently filed by Mississippi's attorney general, Lynn Fitch. These briefs come as the Court is set to hear oral arguments in Dobbs v. Jackson Women’s Health Organization in the fall, to decide the constitutionality of Mississippi's 15-week abortion ban. Fitch and AAF are not the only pro-lifers submitting briefs, however. Far from it.
Other pro-life politicians and organizations filed briefs of their own.
62 million abortions is enough. This is the greatest social justice cause of our time - the innocent unborn
— Josh Hawley (@HawleyMO) July 27, 2021
?? BREAKING:
— Students for Life of America (@StudentsforLife) July 30, 2021
Students for Life of America & @HuCoAction File Legal Document Asking the Supreme Court to Reverse Roe.
Details:https://t.co/euQOTtvWCC pic.twitter.com/5Pca5SNCuL
Second, the Court should acknowledge Mississippi’s substantial interests in protecting the pre-born and the health and safety of women. These interests are based upon a duty the Fourteenth Amendment imposes upon the States to protect pre-born life.
— March for Life (@March_for_Life) July 29, 2021
READ: https://t.co/yPuJ4lJbyt
Today, we filed an amicus brief in Dobbs v. Jackson Women’s Health, arguing that Roe v. Wade and Planned Parenthood v. Casey should be overturned because the prevalence of pregnancy help organizations makes the legal precedent of those cases moot.https://t.co/mDsWee20Lz
— Heartbeat Int'l (@HeartbeatIntl) July 30, 2021
Many joined in on one, including the one the Mississippi Congressional delegation had a leading hand in.
Sen. Cindy Hyde-Smith (R-MS) told Townhall that "I am pleased the Supreme Court has taken up the Mississippi law, which will give the Court a chance to reconsider the current misguided abortion jurisprudence. I look forward to filing a congressional amicus brief in full support of the State of Mississippi in this important case. As a Senator, as a woman, and as a mother, I think this case offers us a chance to return the abortion issue to the political process and away from activist judges."
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Members were led by the Mississippi Congressional delegation & House Pro-Life Caucus:@SenatorWicker@SenHydeSmith@RepTrentKelly@StevenPalazzo@RepMichaelGuest@LeaderMcConnell @GOPLeader@SteveScalise@TomColeOK04@ChuckGrassley@SenShelby@JimInhofe@MikeCrapo@RoyBlunt
— Susan B. Anthony List #HydeSavesLives (@SBAList) July 30, 2021
2/13
@SenTomCotton@SteveDaines@SenatorRounds@SenThomTillis@SenJoniErnst@SenSasse@SenDanSullivan@SenToddYoung@MarshaBlackburn@SenKevinCramer@SenatorRomney@SenatorBraun@SenRickScott@SenLummis@SenatorHagerty@SenTuberville
— Susan B. Anthony List #HydeSavesLives (@SBAList) July 30, 2021
Rep. Chris Smith@HerreraBeutler@RepBenCline
4/13
@RepMarshall@RepRickAllen@RepArrington@RepArmstrongND@RepBrianBabin@RepDonBacon@RepJimBaird@RepBalderson@RepJimBanks@RepAndyBarr@RepJackBergman@RepBice@RepAndyBiggsAZ@RepGusBilirakis@RepDanBishop@RepBoebert@RepBost@RepKevinBrady@RepMoBrooks @RepJoeWilson
— Susan B. Anthony List #HydeSavesLives (@SBAList) July 30, 2021
6/13
@Rep_Clyde@RodneyDavis@RepJeffDuncan@DrNealDunnFL2@RepTomEmmer@RepRonEstes@RepPatFallon@RepFeenstra@RepFischbach@RepFitzgerald@virginiafoxx@RepFranklin@RepRussFulcher@RepGallagher@RepGarbarino@RepBobGibbs@replouiegohmert@RepBobGood@RepGarretGraves@RepGosar
— Susan B. Anthony List #HydeSavesLives (@SBAList) July 30, 2021
8/13
@RepRonnyJackson@RepJacobs@RepBillJohnson@RepDustyJohnson@RepMikeJohnson@RepJohnJoyce@RepFredKeller@MikeKellyPA@RepKinzinger@RepLaHood@RepLaMalfa@RepDLamborn@boblatta@RepLaTurner@RepDLesko@jbletlow@USRepLong@RepLoudermilk@RepFrankLucas@RepBlaine@RepMann
— Susan B. Anthony List #HydeSavesLives (@SBAList) July 30, 2021
10/13
@USRepGaryPalmer@RepGregPence@RepPfluger@congbillposey@RepTomRice@cathymcmorris @RepMikeRogersAL@RepJohnRose@RepRosendale@RepDavidRouzer@chiproytx@AustinScottGA08@PeteSessions@RepAdrianSmith@RepJasonSmith@RepLeeZeldin@RepSpartz@RepPeteStauber@RobWittman
— Susan B. Anthony List #HydeSavesLives (@SBAList) July 30, 2021
12/13
@RepSteel@RepSmucker@RepStefanik@RepBryanSteil@RepGregSteube@RepVanTaylor@claudiatenney@CongressmanGT @RepTiffany @RepTimmons@RepMikeTurner@RepBethVanDuyne@RepAnnWagner@RepWalberg@RepWalorski@michaelgwaltz@TXRandy14@RepWebster@RepBradWenstrup@RepWesterman
— Susan B. Anthony List #HydeSavesLives (@SBAList) July 30, 2021
13/13
We're joined by 79 pro-life women state legislators representing 45 states in the amicus brief we just filed calling on the Supreme Court to uphold Mississippi’s 15-week abortion limit and return the issue of abortion to the states: https://t.co/vRHUKHI5cn
— Susan B. Anthony List #HydeSavesLives (@SBAList) July 29, 2021
?? Joining Gov. @henrymcmaster:@GovernorKayIvey@dougducey@AsaHutchinson@GovRonDeSantis@GovKemp@GovernorLittle@IAGovernor@GovParsonMO@GovGianforte@GovStitt@GovAbbott
— Susan B. Anthony List #HydeSavesLives (@SBAList) July 30, 2021
Read the brief ?? https://t.co/BDFe6KPsde
2/2
Democrats for Life of America also filed a brief, making the effort non-partisan.
Opposition to abortion is not a partisan position. Democrats For Life along with Democratic legislators filed an Amicus to support Mississippi's abortion law that will challenge Roe. You can read our brief here: https://t.co/JXOXDSlOBk
— Kristen Day (@ProLifeDem) July 30, 2021
Live Action's Lila Rose shared a statement in support of Fitch's brief.
Live Action Founder @LilaGraceRose responds to Mississippi AG @LynnFitchAG fighting for life and encouraging the Supreme Court to reconsider Roe v. Wade. pic.twitter.com/o43hJEwtJQ
— Alison H.Centofante (@AlisonHowardC) July 27, 2021
As did Susan B. Anthony List.
.@LynnFitchAG's masterful brief makes clear that the Supreme Court’s abortion jurisprudence is hopelessly unworkable, ungrounded in history or facts, and has tied the hands of pro-life Americans and their elected representatives for decades
— Susan B. Anthony List #HydeSavesLives (@SBAList) July 22, 2021
Our statement: https://t.co/9lANcCOaPW
Following the news of Fitch's brief, news outlets published headlines such as Ian Millhiser's "Anti-abortion lawyers are finally being honest about what they want from the Supreme Court" for Vox and El Kilgore's "Anti-Abortion Activists Finally Let the Mask Slip in Plea to Supreme Court" for New York Magazine's Intelligencer.
Some pro-lifers had a particularly amusing reaction to headlines like these.
PRO-LIFERS ARE TRYING TO GET RID OF ABORTION?
— Albany Rose (@Albany__Rose) July 23, 2021
WHAT?!?!
Clarke Forsythe, senior counsel at Americans United for Life, who filed a brief of his own in the case, also had an op-ed of his published on July 30 in Newsweek, "Roe v. Wade Has Never Been a Settled Precedent."
During the confirmation hearings for now Justice Amy Coney Barrett, much attention was given to her analysis of precedent and superprecedent as expressed in a 2013 law review article, "Precedent and Jurisprudential Disagreement." Roe is not considered a superprecedent.
Curt Levey, a constitutional law attorney and the president of the Committee for Justice, offered some insight for Townhall, speculating that "I doubt the Court will go as far as Mississippi asks. More likely, if Mississippi wins this case, the Court will go just far enough to uphold the law at issue."
He also pointed out that "parties asking the Supreme Court to uphold abortion restrictions don’t typically ask the Court to completely overturn Roe v. Wade" and that "Mississippi itself did not make that argument when they first asked the Court to take this case a year ago."
He did, however, say that "perhaps times have changed in that regard now that Justice Barrett has joined the Court and Chief Justice Roberts is no longer the swing vote."
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