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Mississippi AG Urges Supreme Court to Overrule Roe and Casey

On July 22, 2021, Mississippi Attorney General Lynn Fitch filed a hard-hitting brief in Dobbs v. Jackson Women’s Health Organization urging the  United States Supreme Court to overrule Roe v. Wade and Planned Parenthood v. Casey. Here and here are links to articles on the filing.

Dobbs involves the constitutionality of a Mississippi law banning most abortions after 15 weeks. Fitch states that the law ought to be easily upheld “[b]ecause nothing in constitutional text, structure, history, or tradition supports a right to abortion.” But to uphold the Mississippi law, the Court will need to confront the continuing validity of Roe and Casey.  Fitch argues that “the question becomes whether this Court should overrule those decisions. It should. The stare decisis case for overruling Roe and Casey is overwhelming.”

 

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