Alaska Attorney General Treg Taylor signed onto an amicus brief, joining 22 other states in urging the U.S. Supreme Court to overturn Roe v. Wade, which legalized abortion across the nation in 1973.
The brief is filed in support of a Mississippi law that bans abortion at 15 weeks of pregnancy unless performed to address a physical medical emergency or because of severe fetal abnormalities. Mississippi has asked the high court to reverse Roe and affirm that states have a right to ban or restrict abortions.
In May, the Supreme Court said it would take up the Mississippi law, which was struck down by the Fifth Circuit Court of Appeals. Mississippi has asked the high court to consider overruling Roe v. Wade partly because it affirms a right to abortion which is nowhere found in the U.S. Constitution.
The multi-state amicus brief backing Mississippi’s effort takes aim at both Roe v. Wade and another ruling – Planned Parenthood v. Casey – which claimed a woman has a right to shape her “destiny” and “define [her] own concept of existence, of meaning, of the universe, and the mystery of human life.”
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“These enlightened sentiments have produced a grim reality,” the amicus brief states. “This Court’s opinions have resulted in lower-court decisions holding that a woman has a constitutional right to have a doctor dismember her living unborn child … reject her unborn child based on the child’s sex, gender, and abilities … and as here, demand an abortion at any point prior to viability, even if it causes her unborn child excruciating pain…”
The brief argues that the Supreme Court has affirmed that states can regulate and restrict abortion, but due to Roe, Casey and other cases, this has proved practically impossible.
If Roe were overturned it would not stop or even restrict abortions in Alaska, but only affirm that the state has a right to do so. Alaska’s abortion laws are among the most liberal in the nation, and the Alaska Supreme Court has struck down every legislative, executive or citizen-led attempt to restrict or ban the killing of unborn babies. Not only does Alaska fail to even modestly restrict abortion, it also publicly underwrites the procedures with state allocated Medicaid funds.
Lead by Texas, the amicus brief was also signed by Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia, and Wyoming.