Rep. Niemerg Included in “Amicus Curiae” to Overturn 1973 Abortion Decision by U.S. Supreme Court

Image: Illinois Right to Life

State Representative Adam Niemerg (R-Dieterich) joined a group of 321 state legislators from thirty-five states, acting on behalf of their constituents, in a legal argument to overturn what he believes was a “flawed precedent” in the Roe v. Wade case of 1973. The argument asserts that the U.S. Constitution delegates abortion legislation to the legislative branches, and each of the State Legislators contend that the ruling in this case will have far-reaching consequences for legislatures across the country. In particular, it will affect the State Legislators’ ability to propose, enact, and defend future abortion legislation.

“Ultimately my decision to run for public office was based on my pro-life beliefs,” said Rep. Adam Niemerg. “We all know Illinois is categorically going in the wrong direction with respect to the sanctity of the lives of the unborn. The life issue is the most important to me and my constituents. It’s an honor and pleasure to work with other legislators throughout the county to give a voice to those who cannot speak for themselves.”

The amicus brief on behalf of Rep. Niemerg and several hundred other legislators from around the country points out that once the Supreme Court overturns Roe v. Wade, it should apply ‘rational basis’ to state laws regulating abortion which conforms to the Supreme Court’s precedent and the Constitution’s structure. The application of rational basis review would once again afford States their proper constitutional role in protecting the health and welfare of their citizens, empowering democratically elected state legislators to make the policy decisions carefully crafted to protect the life and health of both the mother and child.

The argument by Rep. Niemerg and the other state legislators is that they are duty bound to protect life within their respective states. That duty compelled the citizens of Mississippi, through their elected representatives, to enact a fifteen-week abortion ban. Preventing the enforcement of that duly enacted legislation is the now the subject of this new case before the U.S. Supreme Court.

Additionally, they argue, the decision in Roe v. Wade should not be overturned for political reasons, but it should be overturned because all three prongs of the legal president support overturning it.

First, advancements in science now demonstrate the core premise of Roe, that pre-born

humans are mere potential life, is egregiously wrong;

Second, Roe has caused often dramatic, negative jurisprudential and real-world


Third, the overturning of Roe will not necessarily upset reliance interests. Once this Court

overturns Roe, it should apply rational basis to state laws regulating abortion, as rational

basis review conforms to the Supreme Court’s precedent and the Constitution’s structure.

“The Supreme Court now has the chance to right a constitutional, precedential, and historical wrong,” added Rep. Niemerg. “The ability of state legislators to perform our duty depends on this Mississippi case to begin making a needed correction in the course of abortion laws in America.”

You can find the case HERE if you’d like to read more.