Substack

Dobbs v. Jackson Women’s Health Organization, the Mississippi case where abortionists are challenging the state’s “Gestational Age Act,” should force the United States Supreme Court to reevaluate its disastrous abortion jurisprudence.

Because Mississippi’s law places strict limits on abortion after 15 weeks, it runs straight up against the Court’s nonsensical and arbitrary “viability” pronouncement which has somewhat guided the Court through its oversight of more than 60 million babies aborted since 1973. In Roe v. Wade, the Court invented a right to abortion out of nothing and established limits based on an arbitrary trimester framework, but it also recognized a state’s interests in the health of mothers and “potential life,” as it cunningly termed babies in the womb. Only when those state interests become “compelling” are states able to regulate abortion, perhaps even ban it.  The Court explained:

With respect to the State’s important and legitimate interest in potential life, the “compelling” point is at viability. This is so because the fetus then presumably has the capability of meaningful life outside the mother’s womb. State regulation protective of fetal life after viability thus has both logical and biological justifications. If the State is interested in protecting fetal life after viability, it may go so far as to proscribe abortion during that period, except when it is necessary to preserve the life or health of the mother.

The Court’s mushy pronouncement ensured it would continue to act as a super-legislature, second-guessing virtually every state attempt to protect life. Therefore, we continue to see a never-ending series of cases at the Supreme Court with citizens from different states trying to assert their interests in the health of mothers and protecting children in the womb…

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