The Constitutional Government Defense Fund (CGDF) joined 22 other state family policy organizations, including The Family Action Council of Tennessee, and filed an amicus brief to ask the Supreme Court to overturn Roe v Wade.
The amicus brief follows the State of Mississippi petitioning the court to overturn Roe v. Wade when it hears arguments in the case determining the fate of Mississippi law that prevented abortions after 15 weeks of pregnancy.
Previously, the law was struck down by a lower court on the basis that the proposed law violated the Constitution due to Roe v. Wade and Planned Parenthood v. Casey.
In the brief, the group argues that Roe and Casey must be overruled because the Court’s interpretation of the 14th Amendment is an unconstitutional violation of the constraint placed on the federal judiciary by the Ninth Amendment.
“The brief gives the Justices a reason to overturn Roe not just on the ground that its holding was poorly reasoned, contrary to current science, or judicially unworkable, but that its holding violates a never before considered provision in the Constitution, the Ninth Amendment,” FACT President David Fowler said in an emailed statement.
Furthermore, Fowler and the organization claim because their argument focuses on the Ninth Amendment, the basis against abortion is centered around a different Constitutional provision.
“Since the Court has never considered how the Ninth Amendment limits the way in which the 14th Amendment can be interpreted and Roe and Casey relied solely on the 14th Amendment, those decisions are not controlling precedent and stare decisis does not apply,” Fowler continued.
Republican-led states across the country have enacted laws similar to Mississippi’s; however, each has been struck down. In Texas, lawmakers passed a “trigger” law, which will outlaw abortions after 30 days if the Supreme Court overturns Roe v Wade.
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