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Eight days and counting until Supreme Court hears Dobbs v. Jackson Women’s Health Organization

by | Nov 23, 2021

Mississippi law protects unborn babies after the 15th week

By Dave Andrusko

If you go to Empower Women, Protect Life, among the many sterling defenses of the Mississippi Gestational Age Act is, not surprisingly given by Mississippi Attorney General Lynn Fitch. In one of her chats–just 1 minute, 19 seconds long– she does an outstanding job not only defending the law which protects unborn babies after 15 weeks, but also making the case that the people ought to be able “to speak their will through men and women they elect as legislators and governors.”

In the video, she touches on four major points.

#1. Fitch quotes the late Justice Ruth Bader Ginsburg who wholly agreed with the outcome of Roe but had serious reservations about the process. The “heavy handed judicial intervention”  in Roe “appears to have provoked, not revolved, conflict,” said Ginsburg. In a 1993 talk at New York University School of Law, she suggested that “a decision of Roe’s muscularity” was “unnecessary” in light of the “marked trend” toward liberalization in abortion law across the nation,” to quote pro-abortion scholar David Garrow. Thus, Roe “halted a political process that was moving in a reform direction and thereby . . . prolonged divisiveness and deferred stable settlement of the issue.” 

Of course, Justice Ginsburg was wrong. There was no inevitable “liberalization” of abortion law. She was right, however, that by taking the issue out of the hands of the people, Roe guaranteed 40 years of political strife.

#2. Mississippi’s law at stake in Dobbs v. Jackson Women’s Health Organization is ultimately “about the rule of law,” Fitch states. “It’s about the ability of the people through their elected leaders to decide hard issues for themselves. And these are hard issues.”

Roe pretended to avoid these hard issues. Justice Blackmun (early on, at least) insisted Roe was a “moderate” decision. 

#3. Roe “hindered a healthy political dialogue about abortion,” Fitch said. “And perhaps more importantly about how we as a society care for the dignity of women and children.” Abortion is a contentious, divisive issue. But abortion is a short-sighted “solution” to real problems which tragically pits unborn children against their mothers.

#4. Fitch concludes, “These cases are complex and difficult but also fundamental to a functioning  democracy, not just in Mississippi but across America.” Earlier she asks for room for “the natural political discourse our Constitution envisions.” Roe and Casey squeeze this dialogue in unhealthy ways, allowing for changes only in the margins.

Time to include the American people in the discussion.

We will elaborate on what she said in her amicus brief in Part III.

Categories: Supreme Court