Supreme Court must return abortion debate to voters and legislatures, says Mississippi brief

The Supreme Court’s precedents on legal abortion are so tangled and misguided that abortion law should be returned to the people and their representatives in the legislatures, backers of a Mississippi ban on abortions after 15 weeks have said.

“Finally forced to defend those cases, respondents drive home the stark reality: Roe and Casey are indefensible,” said the Oct. 13 Supreme Court brief filed by Mississippi Attorney General Lynn Fitch and other state officials.

“It is true that the judiciary cannot provide a workable half measure—it cannot produce an enduring compromise. But the people can,” the brief continued. “When this court returns this issue to the people, the people can debate, adapt, and find workable solutions. It will be hard for the people too, but under the constitution the task is theirs—and the court should return it to them now.”

The brief in the case of Dobbs v. Jackson Women’s Health Organization involves Mississippi’s ban on most elective abortions after 15 weeks. Oral arguments are scheduled for Dec. 1.

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