Jan 24, 2022 - Politics & Policy

Virginia AG urges Supreme Court to overturn Roe v. Wade

Anna Moneymaker/Getty Images)

Photo: Anna Moneymaker/Getty Images

Virginia's new Republican attorney general has urged the Supreme Court to overturn Roe v. Wade, stating that it is now the state's position that the case was "wrongly decided."

Why it matters: Previously, under a Democratic AG, Virginia had joined 22 other states, and Washington, D.C., in September in arguing that Mississippi’s 15-week abortion ban was “unconstitutional.” Attorney General Jason Miyares’ letter marks a notable policy shift in the state from a Democratic to GOP administration.

  • Miyares' letter will have little bearing on the Supreme Court case, the Washington Post notes. During arguments last year, the Supreme Court's 6-3 conservative majority seemed likely to weaken abortion rights and perhaps to let states ban the procedure altogether.
  • The newly elected attorney general argued in the letter that it should be up to the "people in the several States to determine the legal status and regulatory treatment of abortion."

What they're saying: "Virginia is now of the view that the Constitution is silent on the question of abortion," Miyares told the justices in a letter Friday. "Virginia now urges this Court to reverse the Fifth Circuit."

  • "Abortion is one of the most hotly contested political questions of our day," he added. "That debate has not been improved by the Court’s constitutionalization of the issue in Roe."
  • "This Court should restore judicial neutrality to the abortion debate by permitting the people of the several States to resolve these questions for themselves."
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