On Thursday, FACT president, David Fowler, filed a friend of the court brief with the U.S. Court of Appeals for the Sixth Circuit in support of the state’s appeal of federal District Court Judge William Campbell’s decision to prevent enforcement of the Governor’s abortion legislation during the trial of the underlying lawsuit. The brief was filed through the Constitutional Government Defense Fund, allied with FACT, on behalf of 33 members of the current General Assembly. 
 
The brief argues that Judge Campbell’s preliminary injunction was erroneous, because he failed to consider the duty incumbent on state legislators under the Ninth Amendment to the U.S. Constitution to protect the right to life of all natural persons, a right that was retained by the people according to the Ninth Amendment.
 
Mr. Fowler said, “The brief essentially argues that the legislators did what their oath of office required of them—uphold all the provisions of the U.S. Constitution—and that the District Judge failed to consider anything but the Supreme Court’s opinions. Those opinions never considered the implications of the Ninth Amendment.  The Judge failed to recognize that fact and failed to consider what impact the Ninth Amendment has on the issue of abortion.”
 
Mr. Fowler said he was grateful that the Governor chose to reference the Ninth Amendment in his legislation and was grateful that the Attorney General consented to this argument being made to the Court of Appeals on behalf of the legislature and the law