Arizona Governor Doug Ducey wants Supreme Court to overturn Roe v. Wade



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Arizona Gov. Doug Ducey joined with 11 other Republican governors and more than 200 lawmakers and GOP officials from across the country in calling on the U.S. Supreme Court to overturn the landmark and controversial decision of Roe v. Wade on abortion.

In a brief filed Thursday, governors joined Mississippi’s argument that the 14th Amendment did not include the right to abortion and that the Roe v. Wade and Planned Parenthood v. Casey upset the constitutional balance between the states and the federal government.

The 1973 decision in Roe v. Wade established a woman’s right to an abortion nationwide, and nearly two decades later, the court upheld that decision in Planned Parenthood v. Casey.

“The Constitution preserves the rights of states by specifically enumerating the powers granted to the federal government. Unfortunately, almost 50 years ago, the United States Supreme Court decided to ignore the Constitution and created a policy that has led to the excessive politicization of this issue for decades, “Ducey said in a statement. .

“It is time for the United States Supreme Court to correct its mistake and return that authority to individual states as the democratic process demands.”

Ducey has long been a staunch supporter of the fight against abortion, and in April signed a sweeping anti-abortion bill that makes it illegal to perform abortions on the basis of fetal genetic conditions, despite medical professionals and legal experts warning it was “medically ill-founded” and unconstitutional.

Reproductive rights activists have criticized the governor’s inclusion in the Supreme Court case.

“Governor Ducey just said the quiet part out loud. Its goal is to quash Roe v Wade and ban access to legal and safe abortion in Arizona, ”Planned Parenthood Advocates of Arizona said in a statement.

Attorney General Mark Brnovich also signed a similar dossier with more than 20 other state attorneys general.

“General Brnovich has long championed the ability of states to govern themselves, especially when it comes to defending those who cannot protect themselves,” said Katie Conner, spokesperson for the prosecutor’s office. General of Arizona. the most vulnerable. “

Arizona Congressmen Andy Biggs and Debbie Lesko also joined many other GOP lawmakers, including members of the Arizona Legislature, on similar briefs.

How the case evolved

This case began as a challenge to a law in the state of Mississippi that prohibited abortion after 15 weeks of pregnancy. The lower courts struck down this law, finding it to conflict with the Supreme Court’s decision in Roe v. Wade, and the state of Mississippi appealed the decision.

Mississippi officials Originally said Roe should only be canceled if it was not possible to simultaneously enforce state law. The state now wants Roe to be overthrown, calling him fundamentally unconstitutional.

While Roe has been challenged in the past, the current composition of the Supreme Court has generated optimism among abortion advocates who believe it could lead to the first overthrow since the case was decided ago. almost 50 years. With Judge Amy Coney Barrett’s confirmation, the court now has a conservative 6-3 majority, with Barrett having a very conservative abortion record.

Barrett did not explicitly say how she would vote on an abortion case during her confirmation hearings last year, but she shared her personal perspective in 2006 when she signed her name on an ad that s ‘opposed “abortion on demand”. During the hearings, she also said that while she didn’t believe Roe would be overturned completely, she was open to review of previous court rulings if she found a violation of the Constitution.

A decision quashing Roe could have quick repercussions in Arizona, one of the few states that still have pre-Roe laws banning abortions, although they are not being enforced.

If Roe were canceled, some experts speculate it could mean an almost immediate ban on all abortions in the state, similar to states that have post-Roe abortion bans like Mississippi and Louisiana.

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