The Supreme Court’s decision to take up Mississippi’s petition to reinstate their landmark ban on late-term abortions has brought forth an outpouring of both giddiness and trepidation from the pro-life community. Pro-life Americans are by turns hailing the opportunity for the greatest legal victory for the unborn in decades and declaring the case, Dobbs v. Jackson Women’s Health Organization, a litmus test on the usefulness of the entire conservative legal movement.
I don’t want to downplay Dobb’s importance. Mississippi’s law, protecting the lives of unborn children after 15 weeks, is both one of the bravest acts on behalf of mothers and children by any American legislature and striking in its common sense and humanity. That every one of America’s 50 states is, by judicial fiat, one of the very few places on earth that allow children to be aborted on-demand this late into pregnancy, is a disgrace whose correction is long overdue.
Furthermore, the Supreme Court merely agreeing to hear Mississippi’s appeal after lower courts struck the law down, represents a victory unto itself. To get to this point, at least four justices had to have agreed that this area of the law is in need of clarification and perhaps correction. Amicus briefs from many of the country’s leading pro-life lawyers will introduce arguments at the highest level of American jurisprudence that may seed future legislation and lawsuits even if Mississippi’s law is not allowed to go into effect.
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