In a renewed effort to overturn the Supreme Court’s 1973 Roe v. Wade decision, Florida Gov. Ron DeSantis and ten other Republicans have joined together to urge our nation’s highest court to end abortion.
Last Thursday, DeSantis signed on to an amici curiae (“friend-of-the-court”) brief asking the Supreme Court to reconsider and allow abortion to become a states’ rights issue.
In the brief, 12 states argue that the rulings from Roe v. Wade and Planned Parenthood of Southeast Pennsylvania v. Casey are a violation of states’ rights since all matters not explicitly under the scope of the federal government are to be handled by states, according to the Constitution.
While Roe v. Wade set the precedent that abortion is constitutional, Planned Parenthood of Southeast Pennsylvania v. Casey doubled down but made it easier for states to legal pass regulations, Tampa Bay Times reported.
“The judicial constitutionalization of abortion represents an unwarranted intrusion into the sovereign sphere of the states,” the brief said. “Returning to the states the plenary authority to regulate abortion without federal interference would restore the proper (i.e., constitutional) relationship between the states and the federal government.”
The group of governors also argued that deferring abortion to the states would reduce political division on the hot-button topic when it comes to national elections and supreme court appointments.
“It also would produce positive results, including letting the democratic process work as intended, de-escalating tensions on this divisive topic and allowing the states to serve as laboratories of democracy for establishing and implementing suitable abortion regulations based on the latest scientific knowledge,” the document continued.
The brief, which was filed by South Carolina Gov. Henry McMaster, was also signed onto by the governors of Alabama, Arizona, Arkansas, Georgia, Idaho, Iowa, Missouri, Montana, Oklahoma, and Texas.
Conservatives are hoping that, with the court’s 6-to-3 conservative majority, now is their best chance at overturning Roe v. Wade which legalized abortion in 1973. If taken up, this case will be a defining moment for newest Justice Amy Coney Barrett, who was appointed by Trump last year, and will determine whether she is a true conservative.