More than 200 members of Congress have signed a legal brief asking the U.S. Supreme Court to overturn the landmark Roe v. Wade decision that legalized abortion nationwide, arguing it set up an unworkable and “haphazard” standard for lower courts.
The brief was signed by 207 Senators and Representatives, including a dozen female members. Most who signed the brief are Republicans, although two (Reps. Daniel Lipinski of Illinois and Collin C. Peterson of Minnesota) are Democrats.
The Jan. 2 brief asks the Supreme Court to uphold a 2014 Louisiana law that requires abortion doctors to have admitting privileges at a hospital within 30 miles of the clinic. The court will hear oral arguments March 2.
The Fifth Circuit upheld the law in a 2-1 decision.
“The Fifth Circuit labored to do the best it could with the vague and opaque ‘undue burden’ standard on which the Court has relied since Casey,” the brief says, referencing a 1992 decision, Planned Parenthood v. Casey, that declared abortion restrictions unconstitutional if they placed an “undue burden” on a woman.
“[The members of Congress] respectfully suggest that the court’s struggle – similar to dozens of other courts’ herculean struggles in this area – illustrates the unworkability of the ‘right to abortion’ found in Roe and the need for the Court to take up the issue of whether Roe and Casey should be…
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