Democrats Call For Schumer, Pelosi To Strip Supreme Court Of Abortion Jurisdiction

Mary Margaret OlohanJuly 14, 2022

Democrats are calling for the Supreme Court to be stripped of its jurisdiction over abortion following the monumental overturn of Roe v. Wade, the Supreme Court decision legalizing abortion nationwide.

“Congress is granted the authority to remove the Supreme Court’s jurisdiction under Article III,” Democratic New York Rep. Alexandria Ocasio-Cortez said on Thursday. “To protect marriage equality, contraception, and more, we need to limit the power of the far-right Court that’s already overturned Roe v. Wade.”

In a letter sent to Speaker of the House Nancy Pelosi and Senate Majority Leader Chuck Schumer, Democrats call on the leaders to exercise Congress’ constitutional powers under Article III to “include language that removes the Supreme Court’s appellate jurisdiction over such legislation,” referring to Democratic plans for legislation that would “protect and enshrine abortion rights.”

“Congress can instead assign exclusive appellate jurisdiction to another federal court, such as the D.C. Circuit,” the letter said.

With our basic rights under threat from a rogue Supreme Court, Congress needs to exercise our legal authority to the fullest extent. That’s why today we called on @SenSchumer and @SpeakerPelosi to support stripping the Supreme Court’s jurisdiction over abortion. pic.twitter.com/9Rp6RkEqs8

— Rep. Alexandria Ocasio-Cortez (@RepAOC) July 14, 2022

“The American people want to see Congress protect their fundamental rights,” the letter continues, “and the Constitution grants us the powers to do so. Congress, as the branch of government that is closet to the people, has a duty to exercise its powers For the People.”

Pelosi and Schumer did not immediately respond to requests for comment from The Daily Wire.

The move comes after the recent pro-life victory in Dobbs vs. Jackson Women’s Health Organization, through which the Supreme Court overturned the monumental Roe v. Wade case.

The 6-3 decision in Dobbs followed the early May leak of a draft opinion indicating which way the justices would likely rule. That leak prompted protests across the nation, particularly in Washington, D.C., as well as dozens of attacks and vandalism of pro-life organizations, centers, and churches.

Justice Samuel Alito wrote that Roe and a subsequent case, Planned Parenthood v. Casey, which upheld Roe, both must be overturned, and the right to allow, deny, or restrict the right to an abortion must reside with states.

“Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division,” Alito wrote in his majority opinion (strikingly similar to the earlier leaked draft). “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.”