This past Wednesday opened the Supreme Court
deliberations in the Dobbs V. Jackson case. Thomas
E. Dobbs is state health officer for Mississippi, and
Jackson Women’s Health Organization is an abortion
provider — in fact the only abortion clinic in the
state. The question is whether states can ban abortion
before fetal viability.
There are obvious implications for Roe v. Wade and Planned Parenthood v. Casey. Mississippi calls the decision of both of cases “egregiously wrong.”
During the deliberations, Justice Sonia Sotomayor said, “Evidence of fetal pain is not proof of life.” This is nearly saying the quiet part out loud. They see the evidence, they know it’s true, but they’re going to deny the science point blank. Haven’t we heard a lot lately about how it’s bad to deny science?
Sotomayor also tried to make the point that overturning Roe and Casey would damage the legitimacy of the Supreme Court. I suppose this means she thinks the Supreme Court infallible? But then, it shouldn’t surprise us the things people put their faith in when they place it somewhere other than Christ. But we have, for better or worse (mostly worse) this idea in our courts called “stare decisis,” which is Latin for “to stand by things decided.” You may have heard this referred to as “precedent.” And while precedent can be helpful, which we as confessional protestants can attest with our confessions, they should never have the last word. Precedent can be wrong. May the Lord open eyes and soften as these deliberations move forward.