18-1323 -1460 Amicus BOM Right to Life of Michigan
PRESS RELEASE
January 2, 2020
Contact: Prof. William Wagner
517-643-1765; Prof.WWJD@gmail.com
January 2, 2020
Contact: Prof. William Wagner
517-643-1765; Prof.WWJD@gmail.com
Right to Life of Michigan Files Legal Brief in U.S. Supreme Court
Brief Urges the Court to Overrule Roe v. Wade and Uphold Louisiana’s Life-saving Law Requiring Abortionists to Hold Hospital Admitting Privileges
Brief Urges the Court to Overrule Roe v. Wade and Uphold Louisiana’s Life-saving Law Requiring Abortionists to Hold Hospital Admitting Privileges
Today Right to Life of Michigan asked the U.S. Supreme Court to overrule Roe v Wade’s judicially created right to abort an unborn child. The case before the Court involves a Louisiana statute that requires abortionists to hold hospital admitting privileges. RTL urges the Court to uphold Louisiana’s life-saving law.
Those challenging Louisiana’s law presuppose that the 14th Amendment protects a right to abort an unborn child. RTL’s amicus brief shows this presupposition is wrong. The Supreme Court in Roe said the meaning of the 14th Amendment included a liberty interest in the right to abortion, as part of one’s personal autonomy. Not a single word uttered or written in the ratification of the 14th Amendment, however, even remotely suggests that the Amendment includes a right to abortion. Undeniably, it is clear from the historical discussion that the authors of the Amendment never contemplated including such a diabolical entitlement. RTL argues in its brief that judicially contriving such a liberty interest destabilizes representative constitutional governance because it: 1) exceeds the scope of the Judicial Power, 2) bypasses constitutionally required processes for amending the Constitution, 3) undermines the institutional legitimacy of the judiciary, and 4) fails to adequately address the profound government interest in protecting unborn human life.
Those challenging Louisiana’s law presuppose that the 14th Amendment protects a right to abort an unborn child. RTL’s amicus brief shows this presupposition is wrong. The Supreme Court in Roe said the meaning of the 14th Amendment included a liberty interest in the right to abortion, as part of one’s personal autonomy. Not a single word uttered or written in the ratification of the 14th Amendment, however, even remotely suggests that the Amendment includes a right to abortion. Undeniably, it is clear from the historical discussion that the authors of the Amendment never contemplated including such a diabolical entitlement. RTL argues in its brief that judicially contriving such a liberty interest destabilizes representative constitutional governance because it: 1) exceeds the scope of the Judicial Power, 2) bypasses constitutionally required processes for amending the Constitution, 3) undermines the institutional legitimacy of the judiciary, and 4) fails to adequately address the profound government interest in protecting unborn human life.
Prof. William Wagner, lead counsel for amicus curiae Right to Life of Michigan stated: “Those asking the Court to hold Louisiana’s law unconstitutional contend that simply because the decisions in Roe and its progeny occurred, that they must stand. That is wrong. Incorrect decisions require correction, not preservation.” RTL urges the Court to overrule Roe and set a new life-affirming precedent in accordance with the Constitution. And RTL calls on the Court to do so now, before its current precedent deprives another human life of his or her liberty.
RTL additionally argued that if the Court does not overrule Roe’s judicially created right to abortion now, that it should still uphold the Louisiana law under current Court precedent allowing laws that do not place an “undue burden” on access to abortion.
Right to Life of Michigan (RTL) is a nonpartisan, nonsectarian, nonprofit organization of caring people, united to protect the precious gift of human life. RTL encourages community participation in programs that foster respect and protection for human life. RTL gives a voice to the voiceless on life issues like abortion, infanticide, euthanasia, and physician-assisted suicide. RTL educates people on these issues and motivates them to action.
The case before the United States Supreme Court is June Medical Services, L.L.C., et al. v. Rebekah Gee, Secretary, Louisiana Department of Health and Hospitals (No. 18-1323)
The legal brief filed in the Supreme Court by Right to Life of Michigan is available at
The case before the United States Supreme Court is June Medical Services, L.L.C., et al. v. Rebekah Gee, Secretary, Louisiana Department of Health and Hospitals (No. 18-1323)
The legal brief filed in the Supreme Court by Right to Life of Michigan is available at
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