Gov. Kay Ivey has joined 11 other Republican governors in asking the U.S. Supreme Court to overturn the Roe v. Wade abortion-rights decision, Al.com reported. Governor Henry McMaster led the group by filing an amicus brief that questions whether all pre-viability prohibitions on elective abortions are unconstitutional in regards to Dobbs v. Jackson Women’s Health Organization. The case is pending at the U.S. Supreme Court and involves a challenge to a Mississippi law banning abortion after 15 weeks of pregnancy.
In a brief filed Thursday, the governors joined Mississippi’s argument that the 14th Amendment does not include the right to abortion and that the rulings in Roe v. Wade and Planned Parenthood v. Casey upset the constitutional balance between states and the federal government.
Kay Ivey said in a press release, “Alabama will continue to fight for life so that every unborn child is protected. We must stand strong for those babies who do not have a voice, and I assure my fellow Alabamians that we will continue this fight until they are protected once and for all. We will not rest until Roe v. Wade is overturned.”
In May 2019, Alabama passed one of the most restrictive abortion laws. House Bill 314 established the personhood of the baby in the womb and criminalized surgical abortions as soon as a pregnancy can be medically determined, in almost all cases except if a doctor determines that the pregnancy poses a serious health risk to the mother.
In October 2019, U.S. District Judge Myron Thompson issued a preliminary injunction temporarily blocking Alabama from enforcing the law that would make performing an abortion a felony in almost all cases. “Alabama’s abortion ban contravenes clear Supreme Court precedent,” Thompson wrote in an accompanying opinion. “It violates the right of an individual to privacy, to make choices central to personal dignity and autonomy. It diminishes the capacity of women to act in society and to make reproductive decisions. It defies the United States Constitution.”
Reproductive rights activists criticized the governor’s inclusion on the Supreme Court brief. If Roe v. Wade were overturned, experts speculate that it could mean an almost immediate ban on all abortions in the state.
Planned Parenthood Southeast Advocates commented on Twitter, “What we’re witnessing right now is a full-scale assault on patients, their health care providers, and their support systems. This isn’t about protecting families and this is not what the American people want. The data is clear: 80% of people in this country support access to a safe, legal abortion.”
Other governors who joined McMaster’s brief include Doug Ducey of Arizona, Asa Hutchinson of Arkansas, Ron DeSantis of Florida, Brian K. Kemp of Georgia, Brad Little of Idaho, Kim Reynolds of Iowa, Michael L. Parson of Missouri, Greg Gianforte of Montana, Kevin Stitt of Oklahoma, and Greg Abbott of Texas.
