Alaska again joins other Republican states in seeking to overturn Roe v. Wade

The state of Alaska, along with 23 other Republican-led states, has petitioned the US Supreme Court to have Roe v. Wade considering the ruling that allows legal abortions in the United States.

On Thursday, the state of Texas submitted an amicus brief to the Supreme Court stating that Texas and 22 other states agree to an appeal by the state of Mississippi to ban abortions after the 15th week of pregnancy. The letter was co-signed by Alaska’s Attorney General Treg Taylor.

The Mississippi law was rejected by the U.S. Fifth District Court of Appeals, but the state has appealed, arguing that the U.S. Supreme Court is reconsidering and ruling its 1973 Roe v Wade ruling in a case called Dobbs v Jackson Women’s Health Organization should “whether all viable bans on electoral abortions are unconstitutional.”

Even if the court Roe v. Wade asks, Alaska’s Supreme Court rulings would preserve abortion rights in the state, said Anchorage attorney Donald Craig Mitchell, although the new legal framework could change future rulings.

“If Mississippi wins, women in Alaska – right now – are not at risk of the status quo, but they certainly could be,” he said.

Thursday’s amicus briefing does not require Alaska or the other states to support Mississippi in court, but it does show that those governments approve of Mississippi.

Former Alaska Attorney General Kevin Clarkson signed a similar document last summer as he did on Thursday. The act was not reported at the time, and Clarkson resigned a month later amid a scandal. When asked if the letter still represented the state’s position, the Alaska Department of Law did not respond earlier this month. As of Thursday, it was not clear whether the state would support the Mississippi appeal.

On Friday, at the governor’s request, a spokesman for Governor Mike Dunleavy refused to say whether Alaska supported the lawsuit. The spokesman referred questions to the Justice Department, which did not respond. A message to Attorney General Taylor was not returned.

Dunleavy has repeatedly said he was against abortion and in 2019 vetoed funding for Alaska’s appeals courts to punish the Alaska Supreme Court for decisions protecting abortion rights. The governor’s action has been declared unconstitutional and repealed.

Since 1997, the Alaska Supreme Court ruled that privacy in the state’s constitution includes the right to abortion. The court has repeatedly rejected legislative attempts to restrict abortion rights.

Senator Shelley Hughes, R-Palmer, has proposed a constitutional amendment that would redefine the constitution’s privacy clause to exclude abortions, allowing the state to restrict them.

“I’m tired of the judiciary making political decisions, and so my constitutional amendment would allow Alaskans to take action on this matter. We can’t do that at the moment, ”she said.

The change is facing a “difficult” path through the legislature, she said.

Senator Jesse Kiehl, D-Juneau, voted against the amendment on committee, believing it will not be adopted: “I think because enough senators see it as a restriction on women’s rights in Alaska to be free from the government that gives them their own say what they can and can’t. “

Hughes said there was another option. In November next year, Alaskans will be asked if they want to convene a constitutional convention. This question appears on the national ballot every 10 years. If Alaskans vote yes, Hughes said the issue of abortion could come up in a convention.