Lawmakers urge Supreme Court to uphold Roe v. Wade in abortion case

By Adam Edelman - NBC News

About 900 state legislators from 45 states on Monday asked the Supreme Court to uphold the Roe v. Wade case and reject the ban on abortion after 15 weeks in Mississippi, a direct attack on the historic decision that legalized the procedure across the country. in 1973.

The brief was filed Monday morning by the State Innovation Exchange

, a progressive law advocacy group, in Dobbs v. Jackson Women's Health Organization.

Initial arguments in the high court are scheduled to begin this fall.

[Eight keys to understanding why the Texas anti-abortion law and the Supreme Court decision are so controversial]

Of the 897 legislators who signed the

amicus curiae

[natural or legal person voluntarily intervenes before a court to collaborate with it by providing objective information] all were Democrats, except for two independents.

Legislators from every state were signed, except Mississippi, North Dakota, Oklahoma, Arkansas, and Wyoming.

Organizers of the brief believe it is the largest collection of state legislators to have signed a brief in a Supreme Court case related to access to abortion.

They release a woman accused of murder for a spontaneous abortion in Veracruz

Sept.

16, 202102: 31

NBC News, sister network of Noticias Telemundo, obtained a copy of the brief before its presentation.

The brief argues that the Supreme Court has a responsibility to uphold the legal precedents set by Roe v. Wade and Planned Parenthood v. Casey - the two main decisions that legalized abortion in the United States - which, according to them, give pregnant women the right constitutional choice if they wish to continue with a pregnancy without interference from the state.

[The baby who changed US history reveals her identity and talks about abortion]

"If the Court does not uphold the rule of law and precedents, and instead destroys or overturns [the] Roe case, there

will be disastrous consequences for women seeking abortions, as well as their families

. States that run the risk of banning abortion in the event that Roe is not applied or is annulled have an interest in protecting that case so that abortion remains legal in their state, "the letter states.

Protesters for abortion rights in the Brooklyn neighborhood of New York, United States, Thursday, Sept. 9, 2021. Desiree Rios / Bloomberg via Getty Images

The brief adds that pre-feasibility bans, like the one proposed in Mississippi, will disproportionately affect people of color, low-income people and other underserved communities.

"The judges will answer a key question in this case: Are pre-feasibility bans unconstitutional? The answer is yes, and decades of precedent have already established this," said State Innovation Exchange Senior Director of Reproductive Rights Jennifer Driver .

"This brief shows that nearly 1,000 state legislators are fighting to say that this court must uphold 50 years of precedent."

["Has consequences for life."

What happens when someone who wishes to have an abortion cannot?]

Added Texas Democratic State Representative Jasmine Crockett, who signed the brief: "This case should not be about whether legislators and judges agree to have access to abortion. It is about access to abortion care is long-established constitutional protection. "

The Supreme Court announced in May that it would consider during its next term the legality of the Mississippi Gestational Age Law, which prohibits abortions after 15 weeks, except in cases of medical emergencies or serious fetal abnormalities.

The law was overturned by a lower court ruling.

The decision on the case would likely come in the spring of 2022.

In a brief filed in July, attorneys for the state of Mississippi urged the Supreme Court not only to uphold state law, but also to explicitly vacate Roe v. Wade and Planned Parenthood v. Casey.

The Supreme Court's decision to hear the Dobbs case is the first time in decades that it will consider the issue of abortion access

, and abortion rights advocates have raised concerns that the new conservative court will be more receptive to restrictions on

access to abortion.

abortion.

[Supreme Court rejects blocking restrictive Texas anti-abortion law]

That concern seemed to be borne out this month when the court, in a 5-4 sentence, refused to block a restrictive Texas law that bans abortions after the fetus's heart activity can be detected, or as early as six weeks after pregnancy.

The law also allows anyone in the country to sue abortion clinics or others who help women undergo the procedure after that time.