Pro-life leaders, legal experts speak out after Dobbs arguments at US Supreme Court

capitol Pro-life advocates at the 45th annual March for Life in Washington, D.C., Jan. 19, 2018. | Jonah McKeown/CNA

On Wednesday, the U.S. Supreme Court heard oral arguments in the case Dobbs v. Jackson Women’s Health Organization, concerning Mississippi’s ban on most abortions after 15 weeks. Leading up to and in response following the oral arguments, pro-life leaders and legal experts offered their perspectives. 

Below is a collection of statements and social media posts. 

Dr. Grazie Pozo Christie 
Senior Fellow, The Catholic Association

“Justice Sotomayor's assertions in today's oral argument in the landmark abortion case of Dobbs v. Jackson Women's Health about fetal pain were wholly ignorant of the tremendous scientific advances in fetal medicine. As recently as last year, doctors in the Journal of Medical Ethics wrote, 'Current neuroscientific evidence supports the possibility of fetal pain before the 'consensus' cutoff of 24 weeks' and may be as early as 12 weeks. Not only does medicine agree that fetal anesthesia be administered for fetal surgery, a clear reflection of the medical consensus that unborn babies can feel pain, but like viability, the line marking when they feel pain continues to inch earlier.”

“As a practicing diagnostic radiologist, I can attest that advances in ultrasound technology continue to astonish the medical community as to the humanity of the unborn child, a truth and medical reality that we can now see clearly in the earliest weeks of life. To compare an unborn child to a brain-dead person or a corpse flouts science which tells us that at 15 weeks gestation, a baby's organs are fully formed, her heart pumps 26 quarts of blood a day, and her lungs are already practicing drawing breath. This case is before the Supreme Court today in large part because Americans have seen the evolving science and increasingly want a voice in a question of great moral consequence.” 

 

Sherif Girgis
Associate Professor of Law, Notre Dame Law School

“Across the political spectrum, many close court-watchers who would've said at 9:59 a.m. that there is no chance the Court fully reverses Roe are now saying that's the likeliest outcome. The Chief repeatedly asked if there was a middle ground, and no one produced one. On the contrary, the lawyers for the Biden administration and the clinics repeatedly rejected any middle ground.” 

“Justice Kavanaugh repeatedly signaled that he thinks abortion is entirely for the states to decide. Justice Barrett showed that the availability of adoption undercuts many of the arguments for a constitutional abortion right. I would be very surprised if Roe survived the summer. "

Megan Wold
Legal Expert & Attorney Practicing Appellate and Constitutional Law

“During today’s argument, the justices signaled that Roe was wrongly decided as an original matter; that Roe has been undermined by subsequent scientific and legal developments; that the Constitution is silent on the question of abortion; and that no right to abortion exists in our country’s history and tradition. These views support overruling Roe.” 

“Moreover, no Justice proposed a new standard to replace Roe, and six justices suggested a willingness to eliminate Roe’s key viability holding.  It is clear that the court is likely to substantially weaken Roe, or more likely, to overrule Roe altogether." 

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Stephen Billy
Executive Director, Charlotte Lozier Institute

“Chief Justice John Roberts correctly stated during today’s Dobbs oral arguments that United States abortion law is extreme in comparison to global and European norms. The United States is among a small handful of nations, including China and North Korea, that allow elective abortion more than halfway through pregnancy, or after 20 weeks.”

“I was stunned to hear the abortion industry counsel challenge Chief Justice Roberts on whether or not U.S. abortion law is extreme. The Chief Justice correctly cited CLI research that shows how Roe puts the United States in the same class with China and North Korea, allowing abortion-on-demand until the day of birth. Does the abortion industry not read the Washington Post?”

“Despite Ms. Rikelman’s claims, the black-letter law is clear:  47 out of 50 European nations limit elective abortion prior to the 15-week limit proposed by Mississippi.”

Camille Pauley
Co-Founder, Healing the Culture

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“Roe v. Wade is an archaic judicial artifact on life support, and the Supreme Court should seize this opportunity to dump it on the ash heap of history. But no matter how this decision falls, Roe is a crippled legal dogma that will not long survive.”

“Science, philosophy, and public opinion have passed it by. Our hope is that the Court’s ruling in Dobbs will bury this dead letter from the past and reinstate the principles of human rights that are outlined in the Declaration of Independence and the U.S. Constitution.” 

“The lethal logic of Roe v. Wade is that your life won’t be protected unless you’ve attained a certain level of development, but this violates the most critical and important principles of civilization—do no harm, the ends don’t justify the means, every human being is intrinsically valuable, the right to life must take priority over the right to liberty, and numerous others. Without these principles, civilization collapses.” 

Chelsey Youman
National Legislative Advisor, Human Coalition Action

“Roe was egregiously bad jurisprudence and has resulted in millions of deaths. Ending an innocent human life is not justified by purported reliance interests. Continued fidelity to Roe and Casey is extraordinarily disruptive to a functioning and healthy society, and if the Court’s rulings are to have any integrity, this precedent must not stand any longer. It is time for Roe to be consigned to the dustbin of history.”

“We flatly reject the claim that abortion is necessary to the flourishing of women. We advocate every day for women who are able to parent, work, and succeed amid challenges. Human Coalition Action stands ready to advocate for a culture of life, regardless of whether Roe is overturned. We pushed for the expansion of the safety net in Texas for pregnant and postpartum mothers, and we will continue to advocate for protection of preborn children, and for prioritizing the health and safety of mothers.”

Tom Brejcha
President and Chief Counsel, Thomas More Society

“As the high court hears arguments in Dobbs v. Jackson, we face the first real legal opportunity in over a decade to topple Roe v. Wade. The 1973 decision that legalized abortion in America has left a tragic trail of human carnage: more than sixty-two million dead children and countless broken families and wounded souls.”

Dr. David Prentice
Vice President of Research, Charlotte Lozier Institute

“Respectfully, we suggest that Justice Sotomayor follow the science, which has not stood still since Roe was decided in 1973.  Modern research is revealing that unborn babies do feel pain at an early stage, and we see that science in action regularly during fetal surgery, in which doctors apply analgesia in utero to prevent the suffering of the unborn child.”

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