The topic of discussion for this Constitution Monday concerns Roe v. Wade. It seems that the decision to make abortion legal is causing problems in other cases. Last week members of Congress filed a legal brief that urged the Supreme Court to reconsider Roe v. Wade. More than 200 lawmakers – 39 senators and 168 representatives, believe that this decision will affect how the court sees constitutionality of a Louisiana law making its way to the court. The brief reads:
Forty-six years after Roe was decided, it remains a radically unsettled precedent: two of the seven Justices who originally joined the majority subsequently repudiated it in whole or in part, and virtually every abortion decision since has been closely divided.
The congressional effort was led by Senators John Kennedy (R-Louisiana) and Marsha Blackburn (R-Tennessee) and House leaders House Minority Whip Steve Scalise (R-Louisiana) and Rep. Michael Johnson (R-Louisiana). The lawmakers want the Supreme Court to reconsider Roe v. Wade before a dispute in Louisiana reaches the Court in March.
The law in question is called Act 620. It is a problem because it requires that abortion doctors have credentials at a local hospital. In other words, the State of Louisiana thinks that a doctor that provides an abortion should be able to admit their patient to a hospital if need be.
A federal judge ruled against the law because it would put two out of the three abortion clinics out of business and increase the wait time and travel time for women who desire an abortion. The Fifth U.S. Circuit Court of Appeals thought otherwise. They reversed the decision and upheld the law. The law is on hold until the Supreme Court hears the arguments on March 4.
Lawmakers want the Supreme Court to reconsider Roe v. Wade. It seems that the abortion law leads to confusion in other cases when it is used as a precedent. The members of Congress desire a clarification before another abortion case reaches the Supreme Court.