Dunleavy administration joins lawsuit to overturn Roe vs. Wade abortion law

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The State of Alaska has joined in with 22 other states in a lawsuit involving the overturn Roe vs. Wade, a 1973 landmark decision by the U.S. Supreme Court that legalized abortion in all 50 states.

The Jackson Women’s Heath Center’s challenge to Mississippi’s law, which prohibits abortions after 15 weeks of gestation, “presents the Court with an opportunity to remedy those problems by reconsidering and overruling their source—Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey,” the brief states.

The filing, signed for Alaska by Attorney General Treg Taylor, says that Roe vs. Wade was “Unlawful from the day each was decided, both have kept Amici States in continual litigation as the Court changes the constitutional test and rules. The time has come to return the question of abortion to where it belongs—with the States.”

The brief filed for the states of Texas, Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia, and Wyoming, adds those states as “friends of the court” in support of the petitioners.

“Like Mississippi, Amici States do so by restricting abortions that ‘implicate additional ethical and moral concerns that justify a special prohibition,’ id., such as, in Mississippi’s case, an abortion which would inflict excruciating pain on a sentient child. Dogmatic abortion maximalists, unsatisfied by any legal regime short of nationwide abortion on demand, challenge these restrictions reflexively,” the states argue in their brief to the Supreme Court.

“And with some reason: This Court invites implacable challengers through a jurisprudence filled with abortion- specific exceptions to traditional legal doctrines. These ever-multiplying exceptions, from standing at the begin- ning of a case to res judicata following its conclusion, enable unprincipled legal innovations by abortion advocates and destabilize generally applicable doctrines for everyone else. As a result, Amici States have little on which they can rely when defending their abortion laws in court. Indeed, when it comes to abortion, the only constant is change—to the constitutional test and established rules that might otherwise hinder a plaintiff’s suit.”

The case is being heard by the U.S. Supreme Court this fall, and could be decided by early 2023.

Read the entire amicus brief:

27 COMMENTS

  1. Political theatre. Not gonna happen in Biden’s America. Regardless if it should.

    Just Dunleavy preening in a sad attempt to appear macho and relevant

    • How about supporting woman by offering access to sex education, contraceptives, childcare and specific healthcare geared to their needs instead of simply restricting their status to reproductive vessels?
      Offering lifestyle choices instead of taking away?!

      • How about just teaching young women to keep their legs crossed and young men to respect that????

        Oh yeah. Expounding moral values makes me a racist, misogynistic, bigot. Can’t have that, now can we?

      • Exactly what “lifestyle choices” are women not allowed to make? And exactly what “lifestyle choices” have been denied them?

      • When schools started teaching ‘sex education’, out of wedlock births exploded. And contraceptives are everywhere-just go in any clinic or many school bathroom and you will find all flavor and color of condoms. It is not for lack of education, except for guidance of basic morality, now banished from schools, with predictable results.

        • Contrary to what you claim here, comprehensive, medically/fact-based sex education actually reduces teenage pregnancies.
          Parents need to encourage dialogs about sexual matters, including sexual violence, consent, sexual identity and sexual misconceptions.
          Maintaining an abstinence-based approach is not enough.
          Poverty, quality education, healthy food, quality healthcare all play a role as well.

          • I get my news from more than MSNBC. It’s these policies that caused the decline in the poverty level to plateau with the Great Society. Look it up.

  2. If Alaskans weren’t so dependent and had a backbone, Dunleavy could be one of Alaska’s most moral and best Governors.

    IF Alaskans had enough of the corruption we been raised and grown to accept by past leaders we were taught to memorialize unto greatness, IF we, the public, pushed back and supported Dunleavy when his critics slander, his critics’ criticism would just fall on deaf ears. If Alaskans had enough of being yo-yo’d, acting on emotional impulses.

    A Governor can only do so much among corrupt and immoral government managers-who’d never run for public office but through their union and government jobs they call the shots and pull the strings for what can and cannot get done; while the ordinary Alaskan is as innocent as a child.

    You know what is remarkable about Governor Dunleavy: He has not been heard slandering anyone especially not against his harshest Democrat foe, though he has been ridiculed, mocked, and slandered left to right.

    • Expressing one’s opposing views is definitely NOT slander!
      Religious views and opinions should remain in the private sphere, not trotted out by many of Alaska’s political representatives. The hypocrisy of certain governmental leaders is mind-boggling.

      • It is not a “religious view” to hold and argue that aborting a viable fetus, or even a non-viable fetus, is committing murder, plain and simple.
        But for over 40 years I have listened to pro-abortionists and anti-abortionists utterly talk past each other, and refuse to address each other’s arguments, so I am not expecting anything to change in that regard going forward.

      • Sooooo, Catherine, if the Supreme Court ruled that cannibalism was legal, would that make it okay? Abortion is not a religious issue, it is an issue of a civilized vs a barbaric society which sacrifices its young, often for money for parts sold on the open market.

        • Just as you can donate your organs when you die, fetal tissue can be legally donated to be used for groundbreaking biomedical research.
          Without fetal tissue, vaccines for polio, measles, rubella, shingles and other diseases may never have been developed.
          Today, fetal tissue is helping to work on HIV, AIDS, schizophrenia, Alzheimer’s as well as diabetes, spinal cord injuries, eye diseases and muscle regeneration.
          Scientists are working hard to saving as well as improving people’s lives. Fetal tissue is irreplaceable in some areas of research.
          Should all people afflicted with the aforementioned diseases just be left to wither away and die?
          If they are your family members, perhaps your remarks would be a bit more empathetic.

          • Not like the baby has much choice in it, is it? We don’t routinely harvest and sell the organs from death row either. AND my family members are directly affected and choose life!

        • As for your « body parts sold on the open market », I sincerely suggest that you view the UNedited version of the Planned Prenthood video…

          • “I want a new Maserati” or some such. I lived next to an abortionist once and it was all about the money.

    • In my opinion, Dunleavy stands head and shoulders above (literally and figuratively) all the governors we’ve had since Jay Hammond. He definitely gets my vote for another term. Also, a hurrah here for Ken Paxton on this suit. Like Grant, he fights.

  3. Expressing one’s opposing views is definitely NOT slander!
    Religious views and opinions should remain in the private sphere, not trotted out by many of Alaska’s political representatives. The hypocrisy of certain governmental leaders is mind-boggling.

  4. Why are we trying to take steps backward? Curious, this has been law of the land for nearly 50 years. There isn’t a new argument raised. Just a new court makeup. America is still the same. In fact, we’ve made great strides for women in America. Legislating what goes on in the womb is taking away women’s healthcare, body autonomy, and taking steps backwards that our parents and grandparents fought hard for. Not to mention, this will usher in decades of progressive pushes to expand the court, re-instate Roe V Wade, and dismantle strides conservatives have made in this country. All just to take away a woman’s choice? Why not deliver jobs? Or immigration? Or tort reform? Or expand religious freedoms? Why declare a war on women’s rights (make no mistake, abortion is a woman’s right and will not go away with a SCOTUS decision) that will effectively destroy Republicans’ chances to win back suburban Americans?

    • Law of the land? Murdering human life is contrary to our basic right to life.
      Those who murder pregnant women are charged with double homicide.
      The two major modern systematic racist based civil rights violations are “legalized” abortion and “gun” control designed to violently harm Black Americans overwhelmingly and central to the core of the Democrat Party.

  5. Roe V Wade, had it been in effect when I was born would have meant that I would have been aborted. Neither my blood mother nor my blood father wanted me. I was an inconvenient outcome to their lovemaking. So the full life that I have lived and the wonderful things I have seen would not have happened. Our holy books tell us not to kill our babies. I can only agree and ask those who want “full control of their bodies” without having to deal with the consequences of their actions what on earth they are thinking. You are killing a life – pure and simple! Maybe that life could have been someone who advanced our abilities to solve some of our problems. I hope Governor Dunleavy never relents on this. And I hope others will join him in finally getting this “law” repealed forever.

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