PHOENIX — Governor Doug Ducey joined 11 U.S. governors in filing an amicus brief in the Dobbs v. Jackson Women’s Health Organization case pending at the U.S. Supreme Court that questions whether all pre-viability prohibitions on elective abortions are unconstitutional.
The case involves a challenge to a Mississippi law banning abortion after 15 weeks of pregnancy.
The State of Mississippi in 2018 enacted the Gestational Age Act, a state law prohibiting abortion after 15 weeks’ gestation, except in cases of medical emergency. The Jackson Women’s Health Organization, an abortion clinic in Jackson, Miss., sued on the grounds that the law violates the viability standard established by Planned Parenthood v. Casey. The Fifth Circuit Court affirmed the district court’s decision on these grounds.
“The Constitution preserves the rights of the states by specifically enumerating the authority granted to the federal government,” said Ducey in a press release. “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 brief argues that 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.”
“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,” concluded Ducey.
The United States is one of only seven countries in the world to allow for abortion after five months, more than halfway through pregnancy.