Three U.S. Senators, including Sens. Josh Hawley of Missouri, Mike Lee of Utah and Ted Cruz of Texas, have filed an amicus brief with the Supreme Court of the United States requesting that it overturn its pro-abortion decisions in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey in support of Mississippi’s 15-week abortion ban case, which is currently scheduled for a hearing this fall.
In the brief, the Senators wrote, “This status quo is untenable. Where a legal doctrine has repeatedly failed to offer clarity – where it has proved unworkable in the past and will likely engender unpredictable consequences in the future — its existence constitutes an open invitation to judges to interpret it according to their own policy preferences, usurping the constitutional prerogatives of the legislature.
“Roe and Casey should be overruled, and the question of abortion legislation should be returned to the states.”
The Mississippi case is Dobbs v. Jackson Women’s’ Health Organization, which asks the courts to reevaluate viability, the age at which preborn babies can generally survive outside the womb. Roe first defined viability as 28 weeks. Then Casey came along and changed viability to 24 weeks. But a baby born at the tender age of 21 weeks 2 days has miraculously survived. This should result in viability, at the very least, being lowered yet again to reflect advances in medicine.
“A lot has changed in the five decades since Roe, yet it shackles states to an outdated view of facts and prevents them from protecting legitimate interests in the context of current science and culture,” Mississippi’s Attorney General Lynn Fitch stated in a court document. “In my brief, I ask the court to set things right and return abortion policy to the political branches where debate can flourish and the will of the people can be discerned at the ballot box.”
Unfortunately, due to Roe and Casey’s stance on viability, some hospitals refuse to treat babies below that threshold of 24 weeks, leaving them to tragically die from exposure. If viability is altered in the courts, then these babies may have a better chance of surviving and, perhaps, more critical medical advances could be made allowing these babies to thrive at younger and younger ages despite their challenging beginnings.
Of course, if this happened then pro-abortion activists would have to acknowledge that there is life inside the womb. That severely damages their narrative, which is based in ideology and not science or medicine. They’ll do anything to prevent this from happening. After all, later term abortions are incredibly expensive and abortion is money.
Hopefully this happens, and Roe can be reframed and relegated to the history books, allowing states to control their own abortion policies once again.
However, the ruling could also be incredibly narrow on this topic.
The justices, especially Chief Justice Roberts, are extremely aware that any challenge to Roe from the bench would likely result in pro-abortion politicians immediately making the decision to pack the court with judicial members that they believe would be favorable to their cause. It would also set off massive and violent protests throughout the country, which may cause some members of the court to temper their decision at this time, for the sake of peace and the integrity of the court.
Roe should be overturned. It is a terrible judicial decision. Even the famed pro-abortion justice, the late Ruth Bader Ginsburg, agreed. But overturning Roe and Casey could cause instability as well, especially in this highly charged political climate. It’s a tightrope to walk, but hopefully the court can recognize the advances in science and medicine and act accordingly.
But until then, pro-life Americans should focus on changing hearts and minds about abortion, reaching out to mothers in the midst of an unplanned pregnancy and providing them, and their babies, with the help and support that they need.
This week, Focus on the Family will show the third episode of See Life 2021. You can find out more here.
Photo from CNP/REUTERS