Sen. Mike Braun to Newsmax: SCOTUS Abortion Ruling ‘Should Go Back to the States’

Sen. Mike Braun to Newsmax: SCOTUS Abortion Ruling 'Should Go Back to the States' (Newsmax)

By Charles Kim | Tuesday, 07 December 2021 06:05 AM

Sen. Mike Braun told Newsmax Monday that the expected June Supreme Court decision on abortion should send the issue back to the individual states to decide for themselves.

"I'm hopeful that from what I heard in the (oral argument) transcripts and listening to a little bit of the initial proceedings, that they're going to run with this and at least give it back to the states," the Indiana Republican said on Newsmax Monday night. "It is not enumerated (in the Constitution) that abortion should be something that the federal government is dealing with. A court decided on that, and we need to get it back. Let each state render its own opinion and laws through their legislatures."

The high court heard oral arguments Dec. 1 challenging a Mississippi law that would restrict abortions to just the first 15 weeks of pregnancy, compared to the 24-week standard currently observed in most of the country, The New York Times reported.

Abortion supporters fear the court, which now includes three appointments from former Republican President Donald Trump, may use its new 6-3 conservative majority to strike down 1973’s Roe v. Wade decision that made abortion legal nationally.

Pro-life supporters, on the other hand, see a rare opportunity to reverse what they consider a bad decision in 1973 and again in 1992 in the Planned Parenthood v. Casey case, which affirmed Roe as legal precedent, arguing that nothing had changed in the almost 20 years since the Roe decision, and that fetal "viability" should remain the standard of when abortions could be prohibited.

The new Mississippi law, however, moves the bar back to 15 weeks and cites advancements in medicine that paint a clearer picture of the unborn.

While the court can certainly maintain the status quo of the Roe decision, keeping the viability line at 24 weeks, it could also overturn the 50-year-old decision in much the same way 1954’s Brown v. Board of Education did for the "separate but equal" Plessey v. Ferguson case, essentially ending Jim Crow laws in the south.

A third option, however, would be to send abortion cases back to the individual states to deal with on their own, and with their own laws, an option that Braun said would be the best solution.

"(The court should) take a hot button item that was never meant to be homogenized, nationalized, especially by a court, (and give it to the states)," Braun said. "I'm hopeful. We'll see if we got a conservative court. They need to prove it to us, and it will be very helpful in June, if they take it back to the states where it belongs."

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