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Gov. Ducey joins 11 other state governors to request Supreme Court to overturn Roe v. Wade

The Supreme Court hearing in regards to Roe v. Wade is expected to be held later this year.
Credit: AP
FILE - In this Dec. 2, 2020, file photo, Arizona Republican Gov. Doug Ducey answers a question during a news conference in Phoenix. Officials in the city of Tucson plan to ignore Arizona's new "Second Amendment sanctuary" law that bars state and local governments from enforcing certain federal gun regulations, possibly setting up a court fight as a growing number of cities and counties in the U.S. declare themselves similar firearm havens. The new action came after GOP Gov. Ducey signed a bill in April 2021, declaring that Arizona is a so-called Second Amendment sanctuary. (AP Photo/Ross D. Franklin, Pool, File)

TUCSON, Ariz — Gov. Doug Ducey joined 11 other governors and more than 200 Republican members of Congress to request the Supreme Court to overturn Roe v. Wade abortion rights on Thursday.

Back in May, the Supreme Court agreed to decide whether state laws that ban abortions at the 15th week of pregnancy are constitutional after lower courts struck down Mississippi's state law, citing it conflicts with Roe v. Wade. However, last week, Mississippi formally asked the Supreme Court to overturn its landmark 1973 ruling that legalized abortion across the United States.

On Thursday, South Carolina Gov. Henry McMaster headed a coalition of governors, including Ducey, that sent a signed brief in support of overturning the Roe v. Wade ruling to the Supreme Court.

“As the amicus brief states: 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," Ducey said in a statement released Thursday. “Every single life has immeasurable value. That includes children who are preborn — and I believe it’s each state’s responsibility to protect them. It is time for the U.S. Supreme Court to fix their mistake and return this authority to the individual states as the democratic process intends. I’m proud to sign onto this brief to reaffirm Arizona’s commitment to protecting families and preborn children.”

According to the AP, 228 members of the U.S. House and Senate filed a similar brief.

“The Constitution preserves the rights of the states by specifically enumerating the authority granted to the federal government," Ducey said. "Unfortunately, almost 50 years ago, the U.S. Supreme Court decided to ignore the Constitution and created policy which has led to the over-politicization of this issue for decades."

The Supreme Court hearing in regards to Roe v. Wade is expected to be held later this year.

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