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Sen. Josh Hawley filed amicus brief urging SCOTUS to overrule Roe v. Wade

Josh Hawley
Posted at 4:37 PM, Jul 26, 2021
and last updated 2021-07-27 22:50:56-04

KANSAS CITY, Mo. — U.S. Senator Josh Hawley and two other senators filed an amicus brief in the case of Dobbs v. Jackson Women's Health Organization urging the Supreme Court to overrule its decisions in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey.

Hawley, Sen. Ted Cruz, R-Texas, and Sen. Mike Lee, R-Utah, filed the joint brief arguing that the abortion legal theory has no basis in the Constitution, according to a news release.

The brief "points out that the 'undue burden' standard in particular has resulted in contradictory outcomes, disarray in the lower courts and judicial lawmaking."

The senators want the Court to overrule both cases and leave the question of abortion legislation to the states, according to the release.

"Its existence constitutes an open invitation to judges to interpret it according to their own policy preferences, usurping the constitutional prerogatives of the legislature. Roe and Casey should be overruled, and the question of abortion legislation should be returned to the states,” the senators wrote in the brief.

Amicus curiae means "friend of the court" in Latin, and an amicus brief is written by a party who is not directly involved in the case but has a strong interest in it. The brief intends to petition the Court and influence its decision in the case.