The GOP has a made move to overturn Roe v Wade as Florida Governor Ron DeSantis and 10 other GOP governors filed a petition with the Supreme Court Thursday.
While this may appear at first glance to be a move to outlaw abortion, it is actually an action that would leave regulation of abortion to the states.
The governors wrote:
“For too long, the Federal Government has dived (not just waded) into issues reserved to the States under the Constitution. Although those forays usually come from the political branches, they have, on occasion, come from this Court as well. Roe and Casey are quintessential examples of such misadventures. The Court should take this opportunity to correct the mistakes in its abortion jurisprudence and recognize that the text and original understanding of the Fourteenth Amendment have nothing to do with abortion. Rather than creating a federal constitutional right, the Court should leave regulating abortion to the States, where the people may act through the democratic process. This Court should hold as much—and in the process, help restore the constitutional (but currently disrupted) balance between the Federal Government and the States.”
Federal rules have overturned local desires to maintain morals and traditions by mandating that every state adheres to their ruling on what can be widely considered a hotly debated topic. GOP Governors are citing the U.S. Constitution and claiming the Federal Government has long overreached into issues that are reserved for the states to handle.
Ron DeSantis asks the Federal Government to correct their mistake in their abortion jurisprudence and recognize that the test of the Fourteenth Amendment has nothing to do with abortion.
Mississippi Attorney General Lyn Fitch says that some believe Roe v. Wade had settled the issue of abortion once and for all but in reality, it created a “special-rules regime for abortion jurisprudence”. She believes that this has caused laws that lack focus on their objective and stunt the advancement of society.
The Supreme Court will take the case. They have scheduled to hear arguments this fall in the first test of the 6-3 conservative court.