In Dobbs v. Jackson Women's Health Organization (2021), Thomas Dobbs
and Jackson Women's Health Organization presented arguments about the right
to abortion to the United States Court of Appeals for the Fifth Circuit. Dobbs
argued that previous cases of Roe v. Wade and Planned Parenthood of
Southeastern Pennsylvania v. Casey were misleading because the word "liberty"
in the Due Process Clause of the Fourteenth Amendment only encompasses
fundamental rights deeply rooted in the United States' history and tradition, and
a right to abortion cannot arise from them.
The Jackson Women's Health Organization argued that Mississippi's bill (HB
1510) violated the due process rights of women seeking pre-viability abortions
in Mississippi. The Jackson Women's Health Organization sought to show the
court that the prior cases needed to be upheld and that it should be removed.
According to the Women's Health arguments, the state cannot ban abortions
before viability. Women's Health argued that the viability line is the central
holding of Roe and Casey and that there isn't a reason to overrule it.
The argument for abortion comes down to knowing when life starts, which is
the basis of both sides' arguments. Ecclesiastes 11:5 says, "Just as you cannot
understand the path of the wind or the mystery of a tiny baby growing in its
mother's womb, so you cannot understand the activity of God, who does all
things." God tells us we cannot understand his ways, but he knows us in our
mother's womb. If he knows us, we are living beings from that moment.
"In June 2022, the Supreme Court overturned the rulings of Roe v. Wade and
Planned Parenthood v. Casey, which allowed Mississippi's HB 1510 to remain
in effect. As a result of this decision, numerous states have enacted laws that
prohibit abortion, with only a few exceptions. This decision highlights the
power of our Constitution, which allows for previous cases to be challenged and
overturned if they are found to be unconstitutional. Although some people may
disagree with this verdict, it demonstrates that our legal system is constantly
evolving to serve our nation better."
References
Staley, T., & Guo, J. (2022, July 1). Dobbs v. Jackson Women's Health
Organization. Legal Information Institute. Retrieved September 5, 2022, from
https://www.law.cornell.edu/supct/cert/19-1392
McGovern, T. (2022, June 30). Overturning Roe v Wade has had an immediate
chilling effect on reproductive healthcare. The BMJ. Retrieved September 5,
2022, from https://www.bmj.com/content/377/bmj.o1622.short
