Even if SCOTUS (Supreme Court of the United States) rules in Dobbs v. Jackson Women’s Health to “overturn” Roe v. Wade, murdering babies will continue.
When SCOTUS heard arguments in the abortion case back in December 2021, I warned that murdering unborn babies would continue regardless of how they rule because their primary focus was answering the question on “whether all pre-viability prohibitions on elective abortions are unconstitutional.” In other words, they were focused on deciding when an unborn baby can be murdered, not whether or not abortion is illegal.
“Pre-viability” is a politically correct word used by pro-abortionists to rationalize the murder of an unborn baby based on the child’s ability to live outside the womb. Pre-viability is the standard use by the SCOTUS and the anti-abortion groups I refer to as “Pro-Life, Inc.” to rationalize their faux defense of life in the name of “incrementalism.”
Incrementalism is an ineffective strategy to end abortion because it is based on the cowardly belief that saving some babies is better than saving none. Some examples of this failed approach to ending abortion are:
Incrementalism has allowed the murder of millions of unborn babies to continue while making it easier for Pro-Life, Inc. to do nothing to stop it.
Despite rhetoric to the contrary, the SCOTUS ruling in the Mississippi abortion case won’t prevent babies from being murdered. In fact, it could make it easier than ever for most of the country (via TheHill.com):
“Without a federal constitutional right to an abortion, there are new incentives to press rights claims under state constitutions — either under privacy or equality or liberty,” said Rachel Rebouché, a law professor at Temple University School of Law.
For states where their top court has interpreted the state constitution to protect abortion, citizens of that state would still retain a right to abortion access if Roe is overturned.
A number of state supreme courts have already issued such decisions — including in Kansas (2019), Iowa (2018), Montana (1999), Alaska (1997) and Florida (1989) — and experts expect advocates to expand this state-level strategy if Roe is overturned. (emphasis mine)
Some of these state-level strategies have taken abortion to levels unimagined where abortion without limits and infanticide are being codified into law.
For example, Colorado recently passed an extreme abortion law codifying a supposed “fundamental right” to abortion (via National Review):
“A pregnant individual has a fundamental right to continue a pregnancy and give birth or to have an abortion and to make decisions about how to exercise that right,” the law states. Not only that, but the law explicitly removes the protection of state laws from unborn children: “A fertilized egg, embryo, or fetus does not have independent or derivative rights under the laws of this state.”
The law appears to guarantee a right to any form of abortion at any stage of pregnancy for any reason, not even gesturing at allowing regulations of any kind after the unborn child is developed enough to survive outside the womb. It allows abortion for any reason, including abortions chosen on the basis of an unborn child’s sex or disability diagnosis. It makes it impossible to create health and safety regulations on abortion and removes parental-notification requirements for abortions sought by children.
Another example comes from a piece I wrote last month about a proposed Maryland law that not only guarantees access to abortion anytime, anywhere, for any reason, but it also legalizes murdering babies after they are born.
The Pregnant Person’s Freedom Act of 2022, in addition to perpetuating the delusion that you don’t have to be a woman to conceive and carry a child, includes the following ominous admonition:
“This section may not be construed to authorize any form of investigation or penalty for a person: … experiencing a miscarriage, perinatal death related to a failure to act, or stillbirth.”
“Perinatal” is an imprecise word with many interpretations. The World Health Organization defines it as the period between 23 weeks’ gestation and seven days after birth. Other bodies say the perinatal period ends 28 days after birth.
Maryland legislators want to end the protection of newborn life by protecting the “person” who murders a newborn baby by a “failure to act” — for instance, withholding medical care, or nourishment, or a blanket — in addition to the anyone who helps her commit the murder. Neither party will be subject to criminal or civil charges, and anyone who attempts to prosecute the pregnant person or her accomplice can be sued for damages.
A baby born alive, after an abortion or during a regular delivery, can be allowed to die within the first days of his or her life, possibly as long as 28 days, and no one will ever be charged with murder because the bill also states, “Nothing in this section shall be construed to confer personhood or any rights on the fetus.”
If Joe Biden has his way, this new state-level strategy won’t even be necessary. Biden is fully committed to making abortion without limits the law of the land, and fellow Democrats (along with a few Republicans) have been working to codify Roe v. Wade using the Women’s Health Protection Act (WHPA), a law that will override the ability for the states to place limits for or against abortion if it becomes law.
“Our rights shouldn’t depend on what state we live in at the time,” U.S. Representatives Judy Chu, a California Democrat, told reporters in a briefing on WHPA. “Today the fight to protect abortion rights for all Americans is more critical than ever.”
WHPA aims to ultimately outlaw state-level restrictions that have been put on abortion access — largely across the South and the Midwest — and it is being promoted ahead of the SCOTUS ruling on Dobbs v. Jackson Women’s Health.
After decades of playing footsie with abortion, thanks to a Republican Party that never had any intention of ending it, the conscience of a generation to be seared to the point that protecting life has become secondary to finding ways to profit from it financially and politically.
Regardless of how the SCOTUS ruling affects Roe v. Wade, the “right” to keep murdering babies will continue. The only difference being whether they protect it using the “stare decisis” understanding of Roe, or if they protect it by ruling in favor of Dobbs v. Jackson Women’s Health.
One last thought. For my readers ready to jump on me for not supporting states’ rights (Tenth Amendment) concerning abortion, save your outrage. The Tenth Amendment establishes two fundamental constitutional principles that are implicit in the document itself.
- The federal government is only authorized to exercise those powers delegated to it.
- The people of the several states retain the authority to exercise any power that is not delegated to the federal government as long as the Constitution doesn’t expressly prohibit it.
Life is an unalienable right granted to us by God and protected by the Constitution. Neither the federal nor state government has the power to deny it.
David Leach is the owner of the Strident Conservative. He holds people of every political stripe accountable for their failure to uphold conservative values, and he promotes those values instead of political parties.