Supreme Court Hears Case That Could Overturn Roe v. Wade
On Wednesday, 12/1/21, the Supreme Court of the United States heard one of the most important cases of our lifetime. This case out of Mississippi, called Dobbs v. Jackson Women’s Health, could overturn Roe v. Wade, Doe v. Bolton, and Planned Parenthood v. Casey. You can listen to the recording of the Oral Arguments here.We had a representative on the ground. She was part of a group of believers from all backgrounds, Protestant and Catholic, black, white, and Hispanic, from many states, worshipping the Lord outside the Court. The desire was to honor the Lord and proclaim before Him that America chooses Life as the oral arguments were being heard.
Many states have recently passed pro-life legislation with hopes of testing the Court’s previous decisions. Science has given us much information unknown to the justices deciding earlier cases. Life is now seen by more than 22 states as worth protecting from very early in the pregnancy, if not from the point of conception (see Arkansas SB6). The Mississippi case is one of the most restrictive against abortion in the nation.
The Court decided it only wanted to hear the section of the MS law pertaining to “viability”. Viability has been defined as the point at which a child can survive outside the womb. In the case of the Mississippi law, viability was set at 15 weeks. The point is not to say exactly when a baby can survive outside the womb, but to say states should be able to set the point at which citizens in those states decide a child should not be aborted. For example, in Mississippi’s case, they considered that point to be when a baby has all of its major organs and appears to feel pain when touched. All of this can be seen through modern-day ultrasounds. And, technology is increasing all the time. So far, the youngest baby born, Richard Hutchinson, was delivered at 20 weeks gestation.
One of the most significant Amicus Briefs (Friend of the Court briefs) filed for Mississippi was one written representing a woman who began life as a “snowflake adoption”. This is when a frozen embryo is adopted and implanted in a mother. These children are clearly “viable” from conception if they can be adopted and implanted and this type of adoption will become more and more common. Read more about Embryo Adoption here.
The questions by the justices Wednesday primarily focussed on precedence. They wondered out loud whether it was prudent to reverse former cases whose results now permeated American society. Yes, was the argument from Mississippi. A child’s rights are as important as the mother’s and are being nationally ignored. Too many people in too many states now desire to see abortion limited or eradicated. The attorney for Jackson Women’s Health rarely, if ever, mentioned the baby. She only focused on the mother. This was very telling and Justice Clarence Thomas pointedly and consistently questioned her on it, asking time and again what this case was really all about for Jackson Women’s Health.
TODAY, the justices will be discussing the case and will decide how it should be determined. May God touch the hearts of the justices as they read the Amicus Briefs and consider the arguments on behalf of the babies. Will Mississippi be allowed to set 15 weeks as the point of viability? Will the Court decide it is the states and not the Court that should be determining this for its citizens? We believe so, and if so, 22 states are ready to pull the trigger on their laws protecting life at various points. See if your state is among them here.
After the decision today, the longest-serving Justice for the majority will determine who will write the Opinion. Others may write their own opinion. The full Court decision will be released near the end of the term, likely in June 2022. Keep praying! Don’t stop! Fast and contend! Justices have changed their minds between the decision and release in heavily contested cases in the past.
Pray Deuteronomy 30:19-20 above. Declare it daily until a decision is made. Declare it as an individual, a family, a church, a city, a state, and over America. Proclaim, “America chooses LIFE for all of its citizens from conception until the end of the days God “has ordained for us before there was as yet one of them.” (Psalm 139:16)