Kentucky, Indiana and West Virginia are among some of the states that joined the brief.
“The jurisprudence of abortion has become like the 1960s fights over pornography--no one can say exactly what’s allowed and what’s not,” Yost said. “It’s like Justice Potter Stewart’s definition of pornography: ‘I know it when I see it.’ It’s time to end this failed experiment in judicial law-making and return the matter to the States.”
He argued that since Roe v. Wade, the Supreme Court justices have been “splintered” because they cannot agree.
“People of good conscience will always disagree on this issue, and the Court’s attempt to settle it has failed,” the brief read. “Moreover, the Court’s continuing vacillation over the constitutional test and the creation of new, abortion-specific rules have only made matters worse.”
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