Dobbs v. Jackson Women's Health Organization -

NCBC and the CMA: A Presence and a Voice for the Unborn

The National Catholic Bioethics Center (NCBC), with two pro-life Obstetricians/Gynecologists and Michigan Right to Life, and the Catholic Medical Association (CMA), with the National Association Of Catholic Nurses, USA, Idaho Chooses Life and the Texas Alliance For Life, submitted amicus briefs to the U.S. Supreme Court (SCOTUS) in the Dobbs case, as attached (with highlighted text of relevant arguments). SCOTUS will be responding to the question of whether all pre-viability prohibitions on elective abortions are unconstitutional, pursuant to the Roe v. Wade (1973) “viability” definition of potentially being able to live outside the mother’s womb, albeit with artificial aid. At the time of Roe viability was around 28 weeks gestation. The state of Mississippi has promulgated a law limiting abortions after fifteen weeks gestation.

CMA argued that such a criterion of viability is unworkable, demonstrating the flaws in predicting viability, especially if the person responsible for such a prediction is the abortionist, whose interest is not in protecting “potential life.” The viability standard for protecting human life is arbitrary. Much is based on access to prenatal and high quality post-natal care. Current technology available to diagnose prenatal conditions, and treat the most complex neonatal conditions were unimagined in 1973, easily moving viability to as early as 22 weeks gestation. These facts are irrefutable, indicating that even earlier than 22 weeks gestation there is the presence of “potential” human life. In the NCBC amicus brief indisputable evidence is presented to substantiate this fact. This brief clearly identifies how science demonstrates that a human being exists from the moment of conception. Compelling ultrasound pictures are present of early fetal life.

Even Roe acknowledges that there is a legitimate state interest in protecting “potential” human life, as well as the well being of the mother. Science now clearly demonstrates that from the moment of conception the unborn baby is a human being, not a “potential” human being. That is a biological fact, not a fact based on moral opinion. Roe argued that the court could not determine when human life begins; but in reality Roe made such a determination in the trimester delineations it used to define when states could set limits on abortion.

Flawed arguments in Roe, and subsequently in Planned Parenthood of SE Penn, v. Casey (1992) are based on a misapplication of the 14th Amendment (1868) which states that no state can deprive any person of life, liberty, or property (with Roe misapplying this to a new constitutional right to privacy) without due process. The Fourteenth Amendment was needed to remedy slavery, giving legal rights to African Americans, yet these same rights were denied the unborn in Roe and Casey. Casey and other court decisions overturning states’ interests in protecting unborn life, rely on Roe citing “stare decisis” (to stand by things decided), or precedent. In other words, two wrongs can make a right. Yet, the scientific facts are demonstrably different in 2021 than they were in 1973 when Roe was decided. A third amicus brief signed by 240 doctoral prepared women, one of whom is a Senior Fellow of NCBC and co-chair of CMA’s Ethics Committee (Marie T Hilliard, PhD), responds to the mis-assertion in Casey that women have been able to achieve occupational and economic success because of their right to abortion. The brief, attached, responds to such an assertion, and presents compelling data to refute such a claim.

NCBC Ethicists and CMA members were present outside the Supreme Court on December 1, 2021, as oral arguments were heard in the Dobbs case. Thus, with these amicus briefs NCBC and CMA continued to represent a strong presence and a strong voice for the unborn.

Readers might find helpful the Podcast interview with Dr. Hilliard done by The National Catholic Bioethics Center: https://www.ncbcenter.org/bioethics-on-air-podcast-cms/episode-79-a-primer-on-dobbs.