Supreme Court Has Its Best Chance in Decades to Overturn Roe v. Wade, Protect Unborn Children

National   |   Micaiah Bilger   |   Nov 30, 2021   |   11:05AM   |   Washington, DC

Wednesday is a big day at the U.S. Supreme Court when the justices plan to hear a case that could overturn Roe v. Wade and restore legal protections for unborn babies.

The case is Dobbs v. Jackson Women’s Health, and it centers around a 2018 Mississippi law that protects unborn babies by banning abortions after 15 weeks of pregnancy.

Currently, under Roe and Planned Parenthood v. Casey, states are prohibited from protecting unborn babies from abortion before viability, about 22 weeks of pregnancy. For the first time in decades, however, the Supreme Court has agreed to re-consider this precedent and decide “whether all pre-viability prohibitions on elective abortion are unconstitutional.”

Freedom Center managing editor John Wesley Reid said the Mississippi case poses a “significant threat” to Roe, which led to about 63 million unborn babies being killed in abortions.

Writing at the Christian Post, he explained:

The Supreme Court has reviewed several cases related to abortion since 1973’s Roe decision. But of these cases, only Planned Parenthood v. Casey in 1992 addressed the Roe precedent. Other cases involving abortion were related to late-term abortions, free speech rights of pro-life advocates, and restrictions on abortion providers based on ambulatory care or proximities to particular medical services, among other issues. …

SUPPORT LIFENEWS! If you like this pro-life article, please help with a donation!

The fact that the U.S. Supreme Court is revisiting viability is entirely implicative that their decision will, in some fashion, directly impact the Roe precedent.

Another aspect that gives hope to pro-life advocates is the conservative majority on the high court. Six of the justices are Republican appointees, and three of them were appointed by President Donald Trump who promised to choose judges who would reconsider the infamous abortion ruling.

“… Justices Amy Coney Barrett, Brett Kavanaugh and Neil Gorsuch—could finally deliver the tough blow as the court takes up one of the biggest legal challenges to abortion rights since the 1973 landmark decision,” Newsweek predicted.

Pro-life advocates hope the Supreme Court will scale back or overturn Roe when they hear the case, many pointing to the conservative majority’s recent decision not to block a Texas pro-life law as a promising sign.

If they do, states would be allowed to protect unborn babies from abortion again, possibly from the moment of conception or at least after the first trimester, and groups estimate anywhere from a dozen to two dozen states would do so. As a result, thousands of babies could be spared from violent abortion deaths every year across America.

The abortion industry is very worried. Shannon Brewer, who runs Jackson Women’s Health, the only abortion facility in Mississippi, told the AP that the case has her “the most worried I’ve ever been.”

As Fortune noted, “in the past, the Supreme Court has denied or ignored” other major abortion challenges, and the Mississippi case “signals to advocates that the highest court is willing to reconsider the core principle that abortion should be accessible and legal within the U.S., even if they ultimately decide not to rule on it.”

Brewer’s abortion facility, which is challenging the law, argues that abortion is safe and overturning Roe would be too political, according to the report. It also criticized Mississippi Attorney General Lynn Fitch’s argument that “it is now easier for a woman to prevent unwanted pregnancy and to raise a child while working full time,” calling it “false and paternalistic.”

Science has made it increasingly clear that unborn babies are unique, living and valuable human beings. By 15 weeks, unborn babies are nearly fully formed, with beating hearts and detectable brain waves, unique fingerprints and all their major organs. On ultrasounds, unborn babies at this stage can be seen sucking their thumbs and responding to noises.

Americans recognize this, too. Polls consistently show that a strong majority of Americans oppose abortions in the second and third trimesters and many support heartbeat laws that protect unborn babies at their earliest stage of life.

Yet, the United States is one of only seven countries in the world that allows elective abortion on demand after 20 weeks of pregnancy. Most countries, including in Europe, have laws that protect unborn babies from abortion after the first trimester, if not sooner.

The Supreme Court is scheduled to hear the Mississippi case Wednesday morning. A ruling likely will be published in the summer of 2022.