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Photo: Samuel Corum/Getty Images

Twelve Republican governors on Thursday filed a brief asking the Supreme Court to overturn Roe v. Wade, which set a precedent for the constitutional right to abortion.

Why it matters: The governors were writing in support of an upcoming case concerning Mississippi's law that bans the procedure after 15 weeks of pregnancy.

  • Governors from Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Iowa, Missouri, Montana, Oklahoma and Texas joined South Carolina in signing the brief.
  • 228 Republican members of Congress also sent a brief on Thursday asking the court to overturn Roe, CNN reports.
  • The Supreme Court, which currently has a conservative majority, is slated to hear arguments in Mississippi's case this fall.

What they're saying: "The Court’s decisions in Roe and Casey are prime examples of invading an area that has not been committed to the Federal Government and remains reserved to the States," the brief read.

  • "[D]e-constitutionalizing abortion should lower the proverbial temperature in these debates," it continued.

The big picture: Abortion would remain legal in 21 states and would likely be prohibited in 24 states and three territories if Roe v. Wade is overturned, according to the Center for Reproductive Right's "What if Roe Fell?" project.

  • The vast majority of Americans want to leave Roe v. Wade in place, an Axios survey found.

Go deeper

Supreme Court seems open to lawsuits challenging Texas abortion ban

Photo: Mandel Ngan/AFP via Getty Images

The Supreme Court on Monday seemed likely to let legal challenges to Texas' near-total abortion ban proceed.

Why it matters: A majority of the justices — including two Trump nominees, Justices Brett Kavanaugh and Amy Coney Barrett — seemed concerned with the way Texas has tried to evade legal challenges in federal courts.

By the numbers: Abortion views

Expand chart
Data: Gallup; Chart: Will Chase/Axios

The percentage of Americans who think abortions should be legal under any circumstances has ticked up in recent years, but a plurality still say it should only be legal in certain circumstances, according to polling by Gallup.

Driving the news: The Supreme Court heard oral arguments on Monday for two challenges to a new Texas law banning abortions after a fetal heartbeat can be detected. 58% of Americans oppose such bans, as of earlier this year.

Nov 2, 2021 - Podcasts

Surprises from SCOTUS on abortion

Yesterday, the Supreme Court heard oral arguments in two cases challenging the Texas law that allows private citizens to sue to enforce the state’s six-week abortion ban. One of the cases was brought by Whole Women’s Health, an abortion provider in Texas; the other by the Department of Justice.

  • Plus, the county at the heart of the Virginia governor’s race.
  • And, what Zuckerberg’s virtual metaverse means for our real-life bodies.

Guests: Jeffrey Rosen, president and CEO of the National Constitution Center and Axios' Cuneyt Dil and Scott Rosenberg

Credits: Axios Today is produced in partnership with Pushkin Industries. The team includes Niala Boodhoo, Sara Kehaulani Goo, Julia Redpath, Alexandra Botti, Nuria Marquez Martinez, Alex Sugiura, Sabeena Singhani, Lydia McMullen-Laird and David Toledo. Music is composed by Evan Viola. You can reach us at podcasts@axios.com. You can text questions, comments and story ideas to Niala as a text or voice memo to 202-918-4893.

Go deeper:

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