Supremes told 'farcical' claims abortion is protected in Constitution should fall

A friend-of-the-court brief filed with the U.S. Supreme Court for its review of a new Mississippi restriction on abortion charges that it’s finally time to end the “farcical” claims abortion is protected in the Constitution.

It’s not anywhere in the nation’s founding document, proven by the fact that it took over a century for the Supreme Court to claim it was there, according to the filing by the American Freedom Law Center.

The arguments were submitted on behalf of Priests for Life, and concern the case that the justices agreed to review over a Mississippi abortion restriction.

AFLC Senior Counsel Robert Muise explained, “This case and the question presented provide an opportunity for this court to finally reverse the corrupt and indefensible Roe v. Wade decision. Not since the infamous Dred Scott decision, which ultimately took a civil war to overturn, has the court been so wrong in so many ways. Our brief urges the court to correct this manifest injustice.”

The case is Dobbs v. Jackson Women’s Health Organization and the high court is to hear arguments over coming months.

The brief explains, “Priests for Life urges the court to use this opportunity to end the charade that Roe v. Wade was correctly decided. This fateful decision has no legitimate foundation in law, it continues to tear at the fabric of our nation, and it has corrupted our judicial system. It is time for it to go.”

It quotes one of the justices, Clarence Thomas, who wrote in a 2020 fight over abortion: “[This court] created the right to abortion out of whole cloth, without a shred of support from the Constitution’s text. Our abortion precedents are grievously wrong and should be overruled.”

He continued, “[T]he idea that the Framers of the Fourteenth Amendment understood the Due Process Clause to protect a right to abortion is farcical. . . . In 1868, when the Fourteenth Amendment was ratified, a majority of the States and numerous Territories had laws on the books that limited (and in many cases nearly prohibited) abortion. . . . It would no doubt shock the public at that time to learn that one of the new constitutional Amendments contained hidden within the interstices of its text a right to abortion. The fact that it took this Court over a century to find that right all but proves that it was more than hidden—it simply was not (and is not) there.”

It points out that when the original Roe v. Wade decision came about in 1973, the justice then washed their hands of a critical decision: when life begins.

They simply brushed it aside with, “We need not resolve the difficult question of when life begins,” and they claimed those trained in medicine, philosophy, and theology were unable to answer the question either.

The result was that the court didn’t not consider the unborn among those who are “persons,” who would be constitutionally protected in their right to life.

“This same court created a right to abortion ‘out of whole cloth, without a shred of support from the Constitution’s text,'” the filing explained.

The brief likened the court’s Roe decision to its Dred Scott case, in which in infamously decided “that people of color were not legal ‘persons’ as a matter of federal constitutional law.”

That took a Civil War to resolve.

But with tens of millions of unborn children dead from abortion, the cost to life from its Roe decision is even worse.

“The origins of the court’s abortion jurisprudence illustrate how the court manipulated the Constitution to create a ‘right to privacy’ and then distorted this ‘right’ to include the right to abortion,” the brief explains.

Those foundations, of course, are the famed “penumbras, formed by emanations” of the Bill of Rights cited by the court back then, the brief said.

The filing included a list of testimonies from those women who regret their abortions, including Shelly, who described the “panic attacks, anxiety attacks, being obsessive over certain areas of my life, and addictions…” that she has endured.

Linda reported the “guilt” that still haunts here “almost 45 years later.”

“I robbed that little human of its life. I murdered that little one with the help of Roe v. Wade and Planned Parenthood. That will haunt me until the day that I die.”

Lisa wrote of having three abortions that left her to develop “severe bipolar disorder and … 14 psychiatric hospitalizations.”

Several wrote of healing through their study of the Bible and relationships with other Christians and Jesus.

Lynne wrote, “I am forgiven and set free from the guilty of my choice to abort my child now. My passion now is to help other women – there are millions of us – who are silently and secretly dealing with the unimaginable aftermath of an abortion. No one told us, not one warned us, no one cared. There are millions of American women and men who have been devastated by the choice to end a life through abortion.”

Another, Wendy, wrote, “Now I understand Jesus indeed has taken away every bit of my condemnation and sin. Now I can say with confidence, I am healed and forgiven. Now I know my baby is safe and loved. It took 35 years of my life to reconcile that one foolish mistake. Remember the abortion lie that promised to help me ‘forget about my baby and go on with my life like nothing happened?’ After 35 gut wrenching years, I can go on only because I found forgiveness and peace through Jesus Christ who helped me face the truth of what I did not my poor beautiful little baby – not the lie that pretends a baby was a nothing.”

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