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New pro-life Virginia administration withdraws from brief opposing Mississippi’s Gestation Age Act

by | Jan 24, 2022

By Dave Andrusko

In a reminder once again that elections do have consequences. Virginia’s new Attorney General Jason S. Miyares, less than a week after taking office, wrote that Virginia would no longer be part of a friend-of-the-court brief before the Supreme Court against Mississippi’s ban on abortion after 15 weeks.

Virginia’s new Republican attorney general announced Friday night that the state was withdrawing from a legal brief defending a woman’s access to abortion, arguing that the landmark Roe v. Wade decision should be overturned,” the Washington Post reported.

Democrat Mark R. Herring, whom Miyares defeated last November, “was a vocal supporter of abortion rights and signed onto the brief opposing Mississippi’s law with 23 other attorneys general last year,” Justin Jouvenal, Jessica Contrera, and Laura Vozzella reported. “He signed similar briefs against abortion bans in Texas and South Carolina.”

“The Governor fully supports the AG’s decision to remove Virginia from the brief,” Becca Glover, Youngkin’s communications chief, wrote in an email Saturday.

In a letter sent to the clerk of the United States Supreme Court, the Solicitor General of Virginia, Andrew N. Ferguson, wrote,  “Virginia is now of the view that the Constitution is silent on the question of abortion, and that it is therefore up to the people in the several states to determine the legal status and regulatory treatment of abortion.”

It is Virginia’s position that the Court’s decisions in Roe  and Casey were wrongly decided. Unmoored from the Constitution’s text, the Court’s abortion jurisprudence has proven unworkable, and the Court’s effort to save it has distorted other areas of the law. This Court should restore judicial neutrality to the abortion debate by permitting the people of the several States to resolve these questions for themselves.

On December 1, the Supreme Court heard oral arguments in the Mississippi case, known as Dobbs v. Jackson Women’s Health Organization. A decision is expected in June.

Last November, Virginia elected Republican leaders — Gov. Glenn Youngkin, Lt. Gov. Winsome E. Sears and Jason Miyares —all of whom are pro-life.

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