WASHINGTON – Mississippi state attorneys on Thursday urged the U.S. Supreme Court to overturn Roe v Wade, taking a more aggressive approach than presented when they asked the court a year ago to hear the case.
The arguments for overturning the two main decisions that legalized abortion in the United States – Roe v Wade in 1973 and a subsequent case, Planned Parenthood v Casey in 1992 – are overwhelming, the state said. “The conclusion that abortion is a constitutional right has no basis in text, structure, history or tradition.”
By deciding that a state cannot impose an undue burden on an abortion right, the Supreme Court has placed itself “at the center of a controversy that it can never resolve”.
The state is appealing lower court rulings that struck down a law banning most abortions after 15 weeks of pregnancy. The gestational age law would only allow subsequent abortions in the event of a medical emergency or serious fetal abnormality.
When the state asked the court last year to appeal, it said hearing the issues raised in its appeal “does not oblige the court to overturn Roe or Casey. They are simply asking the court to reconcile a conflict in her own precedents. But in Thursday’s filing, Mississippi Attorney General Lynn Fitch called the Roe and Casey decisions “grossly bogus.”
Nancy Northup, president of the Center for Reproductive Rights, said the state brief “reveals the extreme and regressive strategy, not only of this law, but of the avalanche of abortion bans and restrictions that are adopted across the country. Their goal is for the Supreme Court to take away our right to control our own bodies and our own future, not just in Mississippi, but everywhere. “
The court agreed in May to hear the case, which will be argued in the fall, most likely in November or December.