Mississippi AG Files Brief in Defense of Gestational Age Act

Mississippi Attorney General Lynn Fitch

As the Dec. 1 date for oral arguments in Dobbs v. Jackson Women's Health Organization comes closer, Mississippi Attorney General Lynn Fitch filed a reply brief in the Supreme Court to refute arguments made by the pro-abortion Center for Reproductive Rights.

The upcoming case debates the constitutionality of Mississippi's Gestational Age Act, which bans abortion after 15 weeks gestation with few exceptions. The Supreme Court will decide whether or not all pre-viability abortion bans are unconstitutional.

AG Fitch once again directly asked the court to reconsider the constitutionality of  Roe v. Wade and Planned Parenthood v. Casey. The brief begins,

"For 30 years, no party has had to defend Roe v. Wade. No party has ever had to defend Planned Parenthood of Southeastern Pennsylvania v. Casey. Finally forced to defend those cases, respondents drive home the stark reality: Roe and Casey are indefensible. At each turn, respondents’ 'effort to defend' Roe and Casey 'underscores' the overwhelming case for rejecting those decisions."

Fitch's brief goes on to argue several points as to why the Supreme Court should not continue to force a judicially managed right to abortion against the states:

“Not treating abortion as a fundamental right treats it as the Constitution does most important issues: for the people to decide. …When this Court returns this issue to the people, the people can debate, adapt, and find workable solutions. It will be hard for the people too, but under the Constitution the task is theirs—and the Court should return it to them now.”

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