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UPDATE: September 20, 2021

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 post

See 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:

  1. Whether all pre-viability prohibitions on elective abortions are unconstitutional.
  2. 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.
  3. 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.

The case is not scheduled to be ruled on until 2022, according to the SCOTUS Blog. It is not yet “set for argument”.

Online discussions are already amplifying the “Question”

Examples:

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.


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