October 27, 2020 (LifeSiteNews) – Mississippi Attorney General Lynn Fitch has once again petitioned the U.S. Supreme Court to review that state’s ban on aborting babies after 15 weeks’ gestation.
In March 2018, the Mississippi State House passed the House Bill 1510, the Gestational Age Act. That law was temporarily blocked from enforcement by a federal judge within 24 hours of its passage, and then permanently blocked in November of that year. The state governor at the time, Phil Bryant, pledged to fight the ruling all the way to the Supreme Court.
The case was appealed to the Fifth Circuit Court of Appeals, but the lower court’s decision was upheld in a ruling given in December 2019.
On June 15 of this year, Fitch filed a petition with the Supreme Court to review the Gestational Age Act, asking for clarification on the Court’s “jurisprudence on abortion to allow states like ours to enact laws that further their legitimate interests in protecting maternal health, safeguarding unborn babies, and promoting respect for innocent and vulnerable life.”
Statement on my petition to the Supreme Court of the United States supporting Mississippi’s Gestational Age Act pic.twitter.com/5MFX6xiLR5
— Lynn Fitch (@LynnFitchAG) June 16, 2020
The original petition asks “whether all pre-viability prohibitions on elective abortions are unconstitutional,” and whether these kinds of laws “should be analyzed under Casey’s ‘undue burden’ standard or Hellerstedt’s balancing of benefits and burdens.” The supplemental brief filed with the Supreme Court this month offers additional reasons to consider the second of these, highlighting the “burgeoning split of authority on that question.”
The two court cases mentioned in the petition, Casey v. Planned Parenthood and Whole Women’s Health v. Hellerstedt, applied different tests to determine the validity of pre-viability abortion laws. While the Casey decision emphasized “undue burdens” placed on women seeking abortions by such laws, the Hellerstedt decision applied the weighing of benefits against the burdens of the proposed law requiring abortionists to have admitting privileges at a local hospital.
Chief Justice John Roberts, in his concurrence with the liberal justices in this spring’s June Medical Services v. Russo, maintained that the “cost-benefit” analysis of Hellerstedt has “no place in constitutional law.” Since then, there has been a split among lower circuit courts in applying these tests to laws restricting abortion, which Fitch highlighted in both her September 2 reply brief, and October’s supplemental brief.
PETITION UPDATE (9/26/2020):
With President Trump's nomination of Amy Coney Barrett to fill the vacancy on the Supreme Court left by the death of Ruth Bader Ginsburg, we are closer than we have been in decades to seeing Roe vs. Wade overturned.
We now encourage the Senate to confirm Barrett as the next Associate Justice of the Supreme Court.
Judge Barrett has a fantastic track recond on sanctity of life issues, has seven children, and is a devout believer. She is the perfect remedy for Ruth Bader Ginsburg's radical pro-abortionism.
Please READ the full story here: 'BREAKING: Trump nominates Catholic mom of 7 Judge Amy Coney Barrett to Supreme Court'
And then, please SIGN this petition telling the High Court that it's now time to end the activist Roe vs. Wade judgment. Thank you!
PETITION UPDATE (6/29/2020):
In a decision which has imperiled more abortion-minded women, sentenced more preborn to death, and upset pro-lifers across the nation,the United States Supreme Court decided 5-4 to strike down a Louisiana law requiring basic medical precautions in the event of abortion complications, with Chief Justice John Roberts reversing his own past decision to uphold a similar Texas law.
Liberal Justice Stephen Breyer wrote the majority opinion, which held that the Louisiana law was unconstitutional for the simple fact that it was “almost word-for-word identical” to the Texas one the court already struck down in 2016.
In his concurring opinion, Chief Justice Roberts acknowledged that he had “joined the dissent in Whole Woman’s Health and continue to believe that the case was wrongly decided. The question today however is not whether Whole Woman’s Health was right or wrong, but whether to adhere to it in deciding the present case.”
We call on the Supreme Court to stop supporting the culture of death and overturn Roe vs Wade, now.
PETITION UPDATE (1/20/2020):
Hundreds of thousands of people will gather in Washington, D.C., this coming Friday, January 24th, for the March for Life. They will be praying for an end to Roe vs Wade, as the Supreme Court will hear a crucial, abortion-related case later this year in March. United our voices can change the course of history. Sign this petition TODAY! (LEARN MORE BELOW)
PETITION UPDATE (1/3/2020):
In advance of the Supreme Court's hearing arguments in an important abortion case later this year in March, 207 U.S. Senators and Representatives have signed amicus briefs supporting a Louisiana law requiring abortionists to have admitting privileges at a hospital nearby an abortion center.
Some of these supporting briefs also suggest that now is the time to reconsider Roe vs Wade as sound law.
Please SIGN this petition, calling on the U.S. Supreme Court to strike down Roe vs Wade.
More than 60 million Americans have been slaughtered in their mother's wombs as a result of Roe v. Wade. This activist, unconstitutional ruling in 1973 has left countless women emotionally and psychologically scarred.
It was believed by many that Roe would be overturned in 1992 with Planned Parenthood v. Casey. Despite having eight Republican-appointed judges at the time, the Supreme Court ruled 5-4 to uphold it.
Since then, major gains have been made in the fight for life, and many lives have been saved.
However, Roe v. Wade remains the law of the land, leaving millions of defenseless pre-born children vulnerable to murder.
According to a 2016 study conducted by the Centers for Disease Control and Prevention, 35% of aborted babies are African American, despite black women only making up six percent of the U.S. population. 19% of aborted babies are Hispanic.
We thus again call on the court to do everything they can to end Roe vs Wade.
Now is the time for pro-lifers to join together and ensure that all of God's children have a right to life.
Roe v. Wade must come to an end!
FOR MORE INFORMATION:
More importantly, the petition asks the Court to address the “contradictions” in its use of viability “as a bright line for measuring abortion legislation” since Roe v. Wade. “The viability line that Roe articulated was always, as Justice O’Connor recognized, on a collision course with itself for it failed to give full credence to the fact ‘that the State’s interest in protecting potential human life exists throughout the pregnancy,’” it says. Consequently, if the Supreme Court decides to hear the petition, it will have the opportunity “to consider and decide whether Roe’s viability dicta should be validated or repudiated.”
The Supreme Court was originally scheduled to consider the appeal in September but has already rescheduled it twice. Four justices need to agree to hear the case before it will go to the country’s highest court.
With the confirmation and subsequent swearing in of Justice Amy Coney Barrett last night, the abortion lobby and the American left are appearing increasingly panicked that Roe v. Wade will be overturned.