Washington, DC — Americans United for Life filed a friend of the Court brief in the U.S. Supreme Court today, In Dobbs v. Jackson Women’s Health urging the Justices to overturn Roe v. Wade.  Clarke Forsythe, Senior Counsel at Americans United for Life and principal author of the AUL brief, made the following statement:  

There is an urban legend that Roe and Casey are settled. Politics aside, as a matter of law, our nation’s abortion decisions are radically unsettled.  

Widespread opposition, judicial and scholarly criticism, and a divided court reveal the shaky foundation of the cases that formulated the supposed right to abortion.

Justice Barrett illustrated the unsettled nature of Roe when she remarked, “I’m answering a lot of questions about Roe… which I think indicates that Roe doesn’t fall in that category.” The Court is hearing Mississippi’s late-term abortion case because our national abortion jurisprudence demands reconsideration.

Roe should be overturned because it is confusing and unworkable in the lower courts, and this compromises the dependability of American law. There are overt disagreements among Justices about the presence of a right to abortion in the Constitution, meaning the rattled state of Roe is bigger than politics. There is no right to abortion in the Constitution, and it is time the Court acknowledged that evident reality.

Americans United for Life (AUL) is a nonprofit, public-interest law and policy organization that holds the distinction of being the first national pro-life organization in America—incorporated in 1971. It protects and defends human life from conception to natural death through vigorous legislative, judicial, and educational efforts.

press@aul.org or 202-741-4921