SCOTUS to Reconsider Abortion Viability Standard

Aug 4, 2021

As we approach the 2021-2022 Supreme Court term, all eyes are focused on one case. Whatever the High Court decides will have far-reaching life and death ramifications.

The Supreme Court of the United States (SCOTUS) will hear Dobbs v. Jackson Women’s Health Organization, a challenge to a Mississippi law that prohibits abortion after 15 weeks. The Justices will reexamine the viability standard decided in Roe v. Wade 48 years ago—a decision that has led to the death of over 62.5 million unborn babies.

In short, the day may be drawing near when the wrongfully decided Roe will be overturned.

Mississippi Attorney General Lynn Fitch recently filed a brief with the High Court calling the Justices to do just that. The brief states, “nothing in constitutional text, structure, history, or tradition supports a right to abortion.” … Roe based a right to abortion on decisions protecting aspects of privacy under the Due Process Clause. … But Roe broke from prior cases by invoking a general ‘right to privacy’ unmoored from the Constitution.”

Fitch further states that the Planned Parenthood v. Casey decision “repeats Roe’s flaws by failing to tie a right to abortion to anything in the Constitution.” … So Roe broke from prior cases, Casey failed to rehabilitate it, and both recognize a right that has no basis in the Constitution.”

This momentous case has drawn amicus briefs from many organizations, including Liberty Counsel.

Liberty Counsel’s filed brief asks the Supreme Court to overturn Roe v. Wade on behalf of 70,000 African Americans and Hispanic Americans across America highlighting the unconstitutionality of abortion and its role in racist eugenics. The brief is unique in that it “puts abortion and the Supreme Court decisions directly on the foundation of racist eugenics to eliminate black and brown populations.”

The brief traces the history of eugenics from evolutionist Charles Darwin to Planned Parenthood founder Margaret Sanger and the racist foundations of the abortion movement.

“Abortion is rooted in racism and eugenics to eliminate certain races and people,” said Mat Staver, Liberty Counsel founder and chairman. “Planned Parenthood continues Margaret Sanger’s legacy of eliminating unborn children based on their race. ... The High Court must overturn its shameful abortion decisions.”

If Roe v. Wade is overturned, the issue of abortion will return to the states. In recent years, some states, such as New York, have expanded abortion; however, numerous states have recently introduced and passed pro-life laws to increase protections for the unborn.

In fact, in anticipation of the High Court’s reversal, some states have passed “trigger” laws that will take effect once Roe is overturned.

As to the likelihood that the Supreme Court will overturn Roe v. Wade, opinions vary. Some people believe this case will at least narrow Roe’s reach, while others think the High Court will uphold the Mississippi law without overturning Roe.

Staver is optimistic about the outcome of this case.

“I have no doubt that I will see the overturning of Roe v. Wade in my lifetime,” he said. “In order to take a case, they need four justices. But in a case like this, I don’t think four justices would vote to take a case unless they could rely upon or reasonably count a fifth vote to overturn Roe because this really is a direct challenge to Roe and the Mississippi statute.”

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