Lynn Fitch, the Republican attorney general of Mississippi, asked the U.S. Supreme Court on July 22 to overturn Roe v. Wade, the 1973 decision that opened the door for nationwide abortion, on the basis that the practice of abortion should not be considered a constitutional right.
Fitch argued in her filing that "The conclusion that abortion is a constitutional right has no basis in text, structure, history, or tradition," and that the 1973 decision is "dangerously corrosive to our constitutional system, adding that "Abortion is fundamentally different from any right this Court has ever endorsed, No other right involves, as abortion does, 'the purposeful termination of a potential life,'" per The Epoch Times.
"Roe broke from prior cases, Casey failed to rehabilitate it, and both recognize a right that has no basis in the Constitution," she continued. "Heightened scrutiny of abortion laws can never serve those aims, because the Constitution does not protect a right to abortion, it provides no guidance to courts on how to account for the interests in this context."
The battle for life has been long and grueling. Conservatives have been fighting against Roe v. Wade and the 1992 follow-up decision of Planned Parenthood v. Casey, which prohibited laws that placed "undue burdens" on a woman's choice for abortion. Speculations run high as to how President Trump's appointment of Justice Amy Coney Barrett, a charismatic Catholic, will affect the upcoming decision.
Mississippi's only abortion clinic, the Jackson Women's Health Organization, is arguing in opposition that 50 years of Roe v. Wade is precedent and, as it wrote in 2020, "Before viability, the State's interests, whatever they may be, cannot override a pregnant person's interests in their liberty and autonomy over their own body."
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