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International norms: MOST European nations do not allow elective abortion (8) or limit it to 15 weeks or earlier (39). In contrast, 0 of 50 U.S. states limit abortion to 15 weeks or earlier. In fact, the USA is among a ‘Group of 7’ nations which do allow late-term abortions. This G7 includes: Canada, China, the Netherlands, North Korea, Singapore, Vietnam and the United States.
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10 week old fetus
Learn about Kentucky’s Dismemberment Law.
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Argument date now set by SCOTUS for December 1, 2021
To see the list of Amicus briefs that have been filed by pro-abortion supporters of the Miss. case Respondents, go here.
UPDATE: July 30, 2021
On behalf of pro-life advocates across Kentucky:
“Thank you Leader McConnell, Senator Paul, Congressmen Barr, Comer, Rogers, Guthrie and Massie for your pro-life stance and signing the Congressional Amicus brief in support of Mississippi’s pro-life law. Thank you Attorney General Cameron for signing the Amicus brief of 24 AGs. Thank you State Representatives Bridges, Decker, Fischer, Imes, Petrie and Tipton for signing the Amicus brief of the State Legislators.” - Addia Wuchner
To see the massive list of Amicus briefs that have been filed in support of the Miss. case, go here.
Original postSee related article on KRLA Forum
Mississippi's Attorney General Lynn Fitch has enhanced her appeal to SCOTUS with an Amicus Brief, asking the Court to:
- Clarify what a state’s interests are with respect to human life in the womb
- Consider the many societal changes that outdate Roe v Wade’s premise
- Resettle the abortion debate in states’ legislatures where it belongs
- Overturn both Roe v. Wade and Planned Parenthood v. Casey (the ‘undue burden’ snag in legislation)
Her news releases about her Brief are well worth reading. Read them here and here. An excerpt from one of these makes clear why SCOTUS must help states by returning providence over abortion legislation to their elected representatives:
“There are those who would like to believe that Roe v. Wade settled the issue of abortion once and for all,” said Attorney General Fitch. “But all it did was establish a special-rules regime for abortion jurisprudence that has left these cases out of step with other Court decisions and neutral principles of law applied by the Court. As a result, state legislatures, and the people they represent, have lacked clarity in passing laws to protect legitimate public interests, and artificial guideposts have stunted important public debate on how we, as a society, care for the dignity of women and their children. It is time for the Court to set this right and return this political debate to the political branches of government.”
The National RTL with Louisiana RTL has also filed a Brief with more explanation on why it is imperative to resolve the current confusion and mayhem that mark the nation’s abortion debate. For example, in the Dobbs (Miss. case) trial, the judge did not even allow Miss. (the State) to enter evidence in defense of its law. These include protecting pre-born human life (including from pain), protecting maternal health, guarding against sex-, race-, and disability, and other vital interests. This has been true in many such trials in many states including in Ky!
The original “Question Presented” for SCOTUS is:
- Whether all pre-viability prohibitions on elective abortions are unconstitutional.
- Whether the validity of a pre-viability law that protects women's health, the dignity of unborn children, and the integrity of the medical profession and society should be analyzed under Casey's “undue burden” standard or Hellerstedt‘s balancing of benefits and burdens.
- Whether abortion providers have third-party standing to invalidate a law that protects women's health from the dangers of late-term abortions.
This case could affect other pro-life legislation that is mired in courts across the country, including our own Heartbeat and No-discrimination laws. Mississippi is also awaiting a decision on a Heartbeat Law.
Online discussions are already amplifying the “Question”
Is the so-called conservative majority on SCOTUS a fact or is it a fable? Perhaps this case will reveal the truth. Or not.
Can they abort the baby a.k.a. fetus (to socially distance), cannibalize her profitable parts, sequester her carbon pollutants, and have her, too? That is the question.
Do they follow The Constitution, a consensus of laws for the People and our Posterity, acknowledge the Declaration: Pro-Life, Liberty, and the pursuit of Happiness (without diversity including ageism), or are they socially progressive and subscribe to the Pro-Choice religion, the wicked solution? That, too, is the question.
About fetal abnormalities
The Mississippi Law which was challenged by Jackson Women’s Health prohibits all abortions after 15 weeks except in cases of health emergencies or fatal fetal abnormalities. Health emergencies occur, but according to an ObGyn and former abortionist, Dr. Anthony Levatino, “Abortion is worthless for saving women’s lives.” He explains why in a presentation to students, in a video shown on this website.
There are many cases where an early ultrasound or medical test shows a severe abnormality, but later on, a healthy baby is born. Tests are not always accurate. Often, a woman with a fetus who is abnormal will miscarry. As well, some women do not want an abortion even when it is known that the child will die in her womb.
During the spring of 2020 a testimony was presented by Rep. Melinda Gibbons Prunty in the Ky Legislature to show support for the HB 67, the predecessor to HB 91 (2021), the Yes For Life bill. She explained that a woman may not need to have an abortion based on a diagnosis of a fatal fetal abnormality. The baby can be delivered, allowing her time for bonding and grieving. Her testimony is at about 26 minutes on KET.org, here.
Consideration of Mississippi case rescheduled
The court had previously been scheduled to discuss on Friday a challenge to a Mississippi ban on abortion after 15 weeks of pregnancy, but that petition has been rescheduled and will be discussed at some future conference. Read more.
Amy Coney Barrett sworn in by Justice Clarence Thomas, 10-26-20 - photo credit: whitehouse.gov
Only hours after the Senate Judiciary Committee voted to approve ACB’s nomination, Mississippi’s Attorney General petitioned SCOTUS to review the state’s 15-week abortion ban. The AG, Lynn Fitch, had initially asked for this review last June.
This time she referenced the high court’s summer 2020 decision on June Medical Services v. Russo that favored abortion providers as it ruled that doctors need no admitting privileges with a hospital. Though it disappointed pro-lifers, the decision has since been cited in other appeals, quoting Justice Roberts’ opinion, and helping to uphold legislation such as Ky’s Transfer Agreement Law.
Roberts wrote that lawmakers have wide discretion “in areas where there is medical and scientific uncertainty” and that weighing the “costs and benefits of an abortion regulation” was not necessarily a job for the courts. The Circuit Judge for the Ky case, Joan Larsen, ruled that states must step in to regulate clinics where a need for safety is discovered.
So, Ky’s TA case helped to promote the need for clarification by SCOTUS on certain issues. For example: Which legal precedent should be applied to protection of the woman’s health?
Ky AG Daniel Cameron signed an Amicus Brief last summer in support of the Mississippi case, questioning: “Whether an abortion law is necessarily unconstitutional, regardless of the State’s interest or the actual burden on women, when it theoretically could prevent a small number of women from obtaining a previability abortion.” Viability is a Roe v. Wade stumper.
The Mississippi Free Press reported on Wed., Oct. 27 (2020):
Mississippi’s 15-week abortion ban could soon make its way to the U.S. Supreme Court, with the court set to decide whether to hear it on Friday. The court announced plans to consider hearing the case yesterday evening—just as the U.S. Senate voted on a party-line basis to confirm President Donald Trump’s third pick to the high court, Amy Coney Barrett.
Lower courts in 2018 and 2020 found the Mississippi law unconstitutional under the precedent Roe v. Wade set in 1973. In court filings, though, Mississippi Attorney General Lynn Fitch is asking the nation’s high court to revisit and overturn one of Roe v. Wade’s key holdings: that “a State may not prohibit any woman from making the ultimate decision to terminate her pregnancy before (fetal) viability.”
The lower courts ruled that the Mississippi law banning abortions at 15 weeks, known as “The Gestational Age Act,” was unconstitutional for that reason; medical science says fetuses generally become viable outside the womb at around 24 weeks.
“This Court should grant the petition, hold that it is illogical to impose a ‘rigid line’ allowing state regulation after viability but prohibiting it before viability” and “uphold the Gestational Age Act,” Attorney General Lynn Fitch wrote in a filing with the U.S. Supreme Court over the summer.
The current case, Fitch wrote in a Supreme Court filing, is “an ideal vehicle to promptly resolve” questions about Roe v. Wade and the Supreme Court’s position on abortion rights…
Meet Amy Coney Barrett
In the midst of COVID19, lockdowns, murders, natural disasters, violent protests, shuttered businesses, unemployment, demonstrations against Senator McConnell and AG Cameron for their roles in facilitating the rule of law— let’s be thankful that:
✓ President Trump plans to nominate a justice to replace RBG on Saturday, 9-26-20.
✓ Christians will hold prayer rallies across the nation on that day.
✓ The Republicans have the votes to confirm the nominee before the November Election.
There is every indication we will have a conservative Supreme Court in 2020. Hallelujah!
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Posts on this page
7/27/2021 4:49:21 PMWe will not know the verdict till 2022.
10/28/2020 8:23:49 PMThe Amy Coney Barrett effect seen in swift SCOTUS agenda change; Ky Transfer Agreement Law victory helped!
9/23/2020 10:05:56 AMThe end has come?