Arkansas Senator Tom Cotton was reported in saying America would be better off without Roe v. Wade in line with the major abortion case the United States Supreme Court will take up in October.
Cotton made the remarks out of the division the issue on abortion has caused among Americans in an interview with the Daily Caller News Foundation. Cotton made particular reference to the major case on abortion the United States Supreme Court will review in October that is expected to directly challenge Roe v. Wade.
According to the Daily Caller, the major abortion case is Mississippi's Dobbs vs. Jackson Women's Health Organization. The case has become very controversial as it is expected to overturn Roe v. Wade, prompting pressures from Democrat legislators who threatened with Supreme Court packing if it turns out that way.
Cotton said the constitution has allowed states like Mississippi "to adopt reasonable regulations on a practice like abortion to protect the unborn life of the baby," as well as, "to protect the health of the mother." He explained that states experienced that freedom without the Supreme Court's intervention back in the 1970s before Roe v. Wade.
"Until 1973 states were making changes to their abortion laws, some states were liberalizing their laws, some states weren't. Without Roe v. Wade, once again states would have the power to take their own course," Cotton said.
"I suspect California and New York might have more liberal abortion laws in a state like mine, in Arkansas or state like Iowa," he added. "That's how our country operated until 1973. I think it can do just fine once again and, in fact, I think that's probably the better course of action on the matter."
"For far too long, the Supreme Court has had its own special abortion jurisprudence, that really doesn't apply in any other field of law, treating this one practice as somehow constitutionally sacrosanct," Cotton pointed out.
As per Cotton, this indicates that it is "high time for the Supreme Court to revisit this issue."
The Daily Caller highlighted a survey from Associated Press-NORC Center for Public Affairs Research last month that showed 80% of Americans believe abortion should be made almost always illegal in third trimester pregnancies.
Mississippi's ban on abortion, the Gestational Age Act, was for 15 weeks of pregnancies. The Supreme Court's review will delve on the question on whether the 15-week unborn baby is already human, a question Democrats led by House Speaker Nancy Pelosi and some senators refuse to answer directly.
The Supreme Court will also decide on the constitutionality of the Gestational Age Act based being challenged in the lawsuit. This is despite the fact that abortion is not a right and is not to be found anywhere in the constitution.
"Nothing in the text or original understanding of the Constitution established a right to an abortion. Rather, what distinguishes abortion from other matters of health care policy in America--and uniquely removes abortion police from the democratic process established by our Founders--is Supreme Court precedent," 5th U.S. Circuit Court of Appeals Judge James Ho in line with the Dobbs vs. Jackson Women's Health Organization case.
Ho was one of the presiding judges on the case before it was sent to the Supreme Court for review.