CHARLESTON, W.Va. — More than 200 federal lawmakers, including three West Virginia legislators, have signed an amicus brief asking the U.S. Supreme Court to reconsider two previous decisions on abortion.
The mostly Republican faction — consisting of 39 senators and 168 members of the House of Representatives — is asking the court to uphold a Louisiana law and reconsider the 1973 decision in Roe v. Wade and the 1992 ruling in Planned Parenthood v. Casey.
The group on Thursday submitted the brief regarding June Medical Services LLC v. Gee; June Medical Services is challenging a 2014 statute requiring doctors who perform abortions to have admitting privileges at a hospital within 30 miles of where the abortion happens.
The 5th Circuit Court of Appeals lifted a preliminary injunction on the law in September 2018, which the Supreme Court put back into place. Abortion-rights groups have argued the law is burdensome and would limit access to patients.
Republican Reps. David McKinley, Alex Mooney and Carol Miller signed the brief. Only two Democrats — Illinois Rep. Daniel Lipinski and Minnesota Rep. Collin Peterson — signed their names. Missouri Sen. Josh Hawley filed his own brief.
In Roe. v. Wade, the Supreme Court struck down a Texas statute banning abortions, thus granting women nationwide the right to an abortion. Justices in Planned Parenthood v. Casey protected some state abortion rules, but noted the “undue burden” standard: a statute cannot place “substantial obstacles” on women seeking services.
The signers of the amicus brief say the court should reconsider both rulings and overturn the decisions if necessary.
“But Casey did not settle the clarity of the ‘undue burden’ standard. As a result, consistency and predictability continue to be undermined as federal courts struggle to apply the Roe/Casey standard,” the lawmakers said.
The Supreme Court in 2016 struck down a Texas law similar to the Louisiana statute. The nation’s highest court will hear arguments on March 4.