When Donald Trump nominated Amy Coney Barrett to replace Ruth Bader Ginsburg on the Supreme Court conservatives knew it was for this moment.
And now three Senators are counting on Amy Coney Barrett to make a ruling every Democrat will hate.
The Supreme Court agreed to hear the case of Dobbs v. Jackson Women’s Health Organization which concerns the state of Mississippi’s ban on abortion after 15 weeks.
This case is the most direct challenge to Roe v. Wade since 1992 Planned Parenthood v. Casey, which the court used to reaffirm the wrongly decided 1973 precedent.
When Senate Republicans confirmed Barrett to the Supreme Court last fall conservatives thought with six Republican justices on the bench Roe’s days were numbered.
Republican senators Mike Lee, Ted Cruz and Josh Hawley filed an amicus brief urging the court to take the opportunity to reverse a wrong and overturn Roe and Casey in Dobbs.
“This status quo is untenable,” the brief read. “Where a legal doctrine has repeatedly failed to offer clarity—where it has proved unworkable in the past and will likely engender unpredictable consequences in the future—its existence constitutes an open invitation to judges to interpret it according to their own policy preferences, usurping the constitutional prerogatives of the legislature.”
“Roe and Casey should be overruled,” the senators added, “and the question of abortion legislation should be returned to the states.”
Few believe the court took up this case to strike down the Mississippi law.
The real questions are how expansive the decision will be.
Conservatives harbor some doubts about how Barrett will rule on this case.
This past term Barrett voted to uphold Obamacare, leaving in place a 1990 precedent that allows government to discriminate against the free exercise of religion, and to turn down a case of a Christian florist facing fines for refusing to make arrangements for a homosexual marriage.
Barrett looks like she follows the lead of center left Chief Justice John Roberts in looking for ways to narrowly decide cases to make sure liberals never get too upset or feel like they lost too much.
Even Barrett’s fellow conservative Justice Samuel Alito called out Barrett and Brett Kavanaugh for cowardice in one of his opinions.
For decades Republicans promised voters that if they handed the GOP power they would nominate and confirm conservatives to the Supreme Court that would overturn Roe v. Wade.
By filing an amicus brief in this case these three Republican Senators are reminding Barrett of that pledge.
Now the big question is if Barrett and her fellow Republican appointees will stand up in the face of what is sure to be an intense media pressure campaign and correct the mistake of Roe v. Wade.
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