Roe v. Wade Viability Standards Are Unscientific, Brief Argues

Jun 3, 2014

St. Louis, MO – Abortion viability standards should be revisited in light of modern advancements in medicine and understanding of children in the womb, Liberty Counsel told the Eighth Circuit Court of Appeals in an amicus brief filed today.  In Edwards v. Beck, the district court concluded that parts of the Arkansas Human Heartbeat Protection Act were unconstitutional, solely upon the “viability” standard articulated 40 years ago in Roe v. Wade. However, as medical advances have provided greater information about the developing child, the Supreme Court’s viability standards should be abandoned to come in line with science. 

“Three generations of Americans have witnessed decisions by the United States Supreme Court which explicitly degrade fellow human beings to something less in law than ‘persons in the whole sense,’” said Mat Staver, Founder and Chairman of Liberty Counsel.

“Abortion is not only an act of murder against the preborn child, it also destroys the lives of the very women pro-abortion advocates claim to be protecting,” Staver said. Liberty Counsel’s brief cites the findings of the South Dakota Task Force Report on Abortion, which discovered that “women whose first pregnancies ended in abortion were 65% more likely to score in the ‘high risk’ range for clinical depression, compared to women whose first pregnancy resulted in a live birth.” The study found that women with a prior abortion experienced a 61% increased risk of mood disorders, 61% increased risk of social phobia, and 59% increase in suicide.

In the brief, Liberty Counsel presents the compelling testimony of a number of women who were deceived about abortion and decided to abort their unborn child. These women suffered tremendous emotional strain, anxiety, depression, and suicidal ideation.

The narratives from these women and similar stories across the country make it clear: When viewed in the context of history, it is apparent that Roe v. Wade is in the worst judicial aberration of the Constitution that inflicts significant damage to American jurisprudence and, in the process, irreparably harms untold numbers of human beings.

Liberty Counsel is an international nonprofit, litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of life, and the family since 1989, by providing pro bono assistance and representation on these and related topics.


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