More than 200 members of the Senate and House of Representatives — all but two of them Republicans — want the Supreme Court to review Roe v. Wade, the 1973 decision that made abortion legal in the United States.
The court is preparing to hear its first major case on the issue since President Trump appointed two conservative justices, Neil Gorsuch and Brett Kavanaugh, to the bench.
The Associated Press reports that 39 senators and 168 House members submitted an amicus brief to the court as it prepares to hear the case of June Medical Services LLC v. Gee. That case is an appeal filed by a Louisiana clinic against a state law requiring doctors who perform abortions to have admitting privileges at a nearby hospital.
The 2014 law is virtually the same as one in Texas that the Supreme Court struck down in 2016, when Justice Anthony Kennedy was on the bench and before President Donald Trump’s two high court picks shifted the court to the right.
If the law is implemented Louisiana would be left without any functioning abortion clinics, according to CBS News.
Members of Congress stated in their brief that the court should weigh overturning Roe as well as a 1992 decision, Casey v. Planned Parenthood, which upheld the basic principle of Roe but allowed for greater abortion restrictions.
Those signing the amicus brief say that the Louisiana case ‘illustrates the unworkability of the “right to abortion” found in Roe v Wade … and the need for the Court to take up the issue of whether Roe and Casey should be reconsidered and, if appropriate, overruled.’
Among those signing the brief were Senators Mitt Romney of Utah; Ted Cruz of Texas; and Marco Rubio of Florida.
Thirteen Republican senators declined to sign the letter. Eight of them, including Cory Gardner of Colorado, Susan Collins of Maine, and Martha McSally of Arizona, are set to run this year in very competitive races for re-election.
The only two Democrats who signed on to the brief are Congressmen Dan Lipinski of Illinois and Collin Peterson of Minnesota.