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Congressional Republicans urge Supreme Court to overrule Roe v. Wade

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President Donald Trump and Amy Coney Barrett stand on the Blue Room Balcony after Supreme Court Justice Clarence Thomas administered the Constitutional Oath to her on the South Lawn of the White House White House in Washington, Monday, Oct. 26, 2020. Barrett was confirmed to be a Supreme Court justice by the Senate earlier in the evening. (AP Photo/Patrick Semansky)

Most of the Republican conference has filed a timely reminder that the reproductive freedom for somewhere between tens and hundreds of millions of American women is about to be extinguished:

Nearly 230 Republican members of Congress told the Supreme Court on Thursday that it should overturn Roe v. Wade and release its “vise grip on abortion politics.”The new brief is the latest filing in a dispute that will be heard next term and represents the most significant abortion-related case the justices have taken up in nearly a half a century. The 6-3 conservative court, bolstered by three of former President Donald Trump’s appointees, could gut, or invalidate court precedent, and that’s what the GOP lawmakers are calling for.”Congress and the States have shown that they are ready and able to address the issue in ways that reflect Americans’ varying viewpoints and are grounded in the science of fetal development and maternal health,” lawyers for 228 Republican lawmakers, including leadership in both chambers, told the justices.

Note here that Republicans are no longer even claiming that overruling Roe will “send the issue back to the states,” a phrasing that for many years was repeated by many pundits even as most Republicans voted for every federal abortion regulation to come down the pike. The next Republican trifecta is quite likely to pass regulations like mandatory waiting periods and perhaps even serious term limits on a national level. Fortunately, Stephen Breyer will be around to write a BLISTERING dissent before he’s replaced by President DeSantis.

There’s a common too-clever-by-half argument that the survival of Roe is a conspiracy of Republican elites who want to keep it around to mobilize the rubes. Problem is, it’s completely false — had Bork not been defeated against the wishes of most Republican elites Roe would have been overruled in 1992, and entire organizations have been created to ensure that there will never be another Souter. And, while we’re here, the argument that pro-lifers can’t be mobilized if Roe is overruled — turning most state legislatures and Congress into an immediate abortion battleground — makes absolutely no sense on its face either.

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