Published On: Tue, Jul 27th, 2021

Three Senate Republicans Call on Supreme Court to Overturn Roe v. Wade

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Three Republican senators on Monday urged the Supreme Court to overturn its decisions in two historic abortion cases. Sens. Josh Hawley (R-Mo.), Mike Lee (R-Utah), and Ted Cruz (R-Texas) in an amicus brief filing urged the high court to overturn the 1973 Roe v. Wade decision and the 1992 Planned Parenthood v. Casey decision and return the power to make legislation regarding abortion to the states. In Roe v. Wade, states are prohibited from banning abortions prior to when the fetus is deemed “viable”—that is, potentially able to live outside its mother’s womb—deemed at the time usually around the second trimester at 24 weeks. The ruling asserted that a woman had a constitutional right to an abortion in the “pre-viability” period and that state laws regulating abortion would have to pass the strict scrutiny standard—the highest and most stringent standard of judicial review that courts use to determine the constitutionality of …

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