Alito's leaked opinion doesn't go nearly far enough to protect life

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As you might imagine, we at PreBorn Americans United are intensely pro-life. That’s why we’re deeply disappointed with the leaked draft majority opinion by Justice Samuel Alito in Dobbs v. Jackson Women’s Health Organization.

We prayed that Dobbs would overturn Roe v. Wade and Planned Parenthood v. Casey to end The Great American Abortion Holocaust of 63 million never-born lives (the meaning of “unborn”). Sadly, Dobbs will not stop the butchery because Alito’s draft in fact authorizes the continuation of that holocaust albeit by shifting responsibility to permit some states to continue this crime against humanity (about half will restrict or outlaw it).

Pro-life advocates explain that Alito’s draft opinion is a victory because, post-Dobbs, there will “only” be about 600,000 never-born babies per year instead of the current 886,000. Most encourage prayer for that result rather than for a decision ending abortion. Because “the battle will continue,” that outcome appears to help pro-life fundraising. The 63 million never-born babies in heaven since Roe, and the tens of millions never-to-be-born because of Dobbs, aren’t cheering, because we are weeping and mourning with God over America’s primitive acceptance of human sacrifice.

With Alito’s draft opinion, an infamous nexus can now be seen between Roe, Casey, Dred Scott v. Sandford (1857) and Dobbs. Those cases treat the subject of each respective decision as subhuman: the living preborn are “potential life” in Roe, Casey and Dobbs (per the leaked opinion); and Dred Scott ruled that black people were “beings of an inferior order … [having] … no rights which the white man was bound to respect.” 60 U.S. 393 (paragraph 36).

History’s worst evil is often rationalized by defining living human beings as subhuman. That “hall of shame” includes slavery, the Nazi Holocaust and now The Great American Abortion Holocaust of more than ten times the number of never-born Americans as Jews slaughtered by the Nazis. The Nazis proudly used “subhuman” (untermenschen) to rationalize their legalization of mass murder just as Roe, Casey and Dobbs shamelessly use “potential life” to legalize history’s worst crime against humanity.

Fact: Alito’s draft opinion reaffirming the ongoing slaughter of innocent life is only possible because his Dobbs majority has embraced the most egregious part of that abominable decision by adopting its executioner’s view of preborn life – not as actual life (ergo, “abortion = murder”) but rather following Roe’s finding that we preborn are merely “potential life,” the Nazi’s untermenschen. That executioner’s bias was the essential element of Mississippi’s (Dobbs) argument, following Roe by intentionally leaving us out of the equation that balanced interests between the state and “the woman” (execution’s euphemism for “mother”). That reasoning was the basis of our criticism in “How Mississippi lawyer failed preborn Americans at SCOTUS.” Alito has now incorporated the Roe executioner’s bias into the Dobbs draft majority opinion.

Alito uncritically referenced and, thereby, reaffirmed Roe’s science-rejecting “potential life” seven times (pages 2, 31, 32, 42, 45, 46, and 62) without taking judicial notice (1) of the scientific and legal facts in the Dobbs amicus briefs and from the Roe decision (each quoted below), (2) that every abortion is a homicide, and (3) that it is a historical fact that The Great American Abortion Holocaust was authorized and imposed on the nation by the federal government with its Roe decision.

If Alito judicially noticed those indisputable facts (quoted below), moral and legal clarity would result, and PreBorn Americans United believe that either he could not return abortion regulation to the states or, if returned, the debate in each state would be within the context of those facts that would educate and persuade many to heal this grievously wounded land.

Scientific fact: The lie that we preborn are subhuman “potential life” is exposed by this indisputable fact:

“… no current member of the Court would have to speculate today. The fertilization view is widely recognized – in the literature and by biologists – as the leading biological view on when a human’s life begins.”

amicus brief by 70 biologists, page 3.


“In short, as basic embryology textbooks now teach, life begins at fertilization – a fact that surprises no one in the medical profession.”

amicus brief by The American College of Pediatricians and the Association of American Physicians & Surgeons, page 27.

See also Life Begins at Fertilization (science uses “fertilization” rather than “conception”).

Legal fact No. 1: The Roe Court identified the scientific defect in its reasoning that would be used by a future court to completely overturn its sanction of mass abortion-homicide:

“The appellee [Wade] and certain amici argue that the fetus is a ‘person’ within the language and meaning of the Fourteenth Amendment. In support of this, they outline at length and in detail the well known facts of fetal development. If this suggestion of personhood is established, the appellant’s case [Roe], of course, collapses, for the fetus’ right to life would then be guaranteed specifically by the Amendment.” [Emphasis and bracketed comments added ( Roe, pages 156-157).]

Because Alito’s draft opinion embraces the executioner’s bias from Roe (that we are merely subhuman “potential life”), the Dobbs majority has adopted Roe’s holocaust-authorizing finding:

“… that the word ‘person,’ as used in the Fourteenth Amendment, does not include the unborn.” ( Roe, pages 158).

Legal fact No. 2: The amicus brief by the Billy Graham Evangelistic Association, et al., explains that:

“… the term person in the Due Process and Equal Protection Clauses does not stand unmodified – the clauses expressly protect ‘any person.’ Thus, by reading any out of the phrase any person in the Due Process and Equal Protection Clauses of the Fourteenth (and Fifth) Amendment, the Roe Court violated the most foundational of interpretation principles.” (Page 6; Emphasis and parenthetical comment in original).

For more about our 14th Amendment “personhood,” see these Dobbs briefs here, here, here, and here.

Clearly, the Dobbs majority is running away from making the morally and legally courageous decision that would end abortion by taking judicial notice of the fact that we preborn are living human beings who are constitutional “persons” ontologically no different than you, dear reader. As such, we are deserving of our lives being protected by this society that shouldn’t be considered civilized if it won’t stop history’s worst crime against humanity.

What good is the promise to establish justice in the Constitution’s Preamble if our Supreme Court won’t stop the ongoing slaughter of almost a million never-born American babies each year with this gift-from-God opportunity? How is Alito’s majority any different than Roe, Casey, Dred Scott, or the Nazis with their shared executioner’s rhetoric rationalizing their repugnant results, each sanctioning legalized murder or slavery?

“Indeed, I tremble for my country when I reflect that God is just [and] that his justice cannot sleep forever.”

– Thomas Jefferson’s Notes on the State of Virginia

Please join PreBorn Americans United and pray that Alito’s majority rejects Roe’s executioner’s bias against preborn life and stops The Great American Abortion Holocaust.

Please share this column with your friends on both sides of this most important issue as well as on social, print and broadcast media (past columns linked below).

And please consider supporting this effort with your greatly appreciated tax-deductible donations to bring you future columns (1) explaining A Declaration of human and constitutional rights by PreBorn Americans United!, (2) analyzing and reporting on the 138 briefs filed in Dobbs (5,000 to 12,000 words each), (3) and reporting on the decision in the Dobbs case. Donation details here.

Contact the PreBorn Americans United project at: [email protected].

Read previous columns by PreBorn Americans United.

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