FRANKFORT, Ky. (WTVQ) – Kentucky’s top lawyer has joined a coalition of 24 attorneys general in filing an amicus brief before the United States Supreme Court in Dobbs v. Jackson Women’s Health Organization.
The case challenges the constitutionality of a Mississippi law prohibiting abortions after 15 weeks of pregnancy, and the attorneys general argue the challenge presents the Supreme Court with the opportunity to reconsider and overturn the legal precedent establishing the right to abortion, including Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey.
The coalition’s brief asks the Supreme Court to return the question of abortion to the states, noting “[t]he Constitution does not include a right to abortion, and there is no history or tradition of protecting such a right.”
The coalition goes on to state “[b]ecause the purported right to abortion lacks any textual or historical foundation, it is defined only by the Court’s constantly changing opinions.”
The coalition emphasizes the ever-evolving nature of abortion jurisprudence, noting that “the continually shifting tests and rules make this area of law unworkable, leaving courts confused and [s]tates aiming at a constantly moving target when defending their laws.”
Kentucky joined the Texas-led brief alongside the attorneys general of Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia, and Wyoming.