Roe v. Wade is dead. Praise the Lord.
The Dobbs decision overturned nearly 50 years of court precedent.
It’s still surprising to think about.
Yet while many celebrate this reversal as a grand culmination of the last 50 years of Pro-Life labor, I doubt many realize how shaky a victory it is.
Why do I say that?
Equal Protection Still Denied
First, because in spite of Roe’s overturning, the equal protection of the laws is still being denied to preborn people.
The 14th Amendment states, “No State shall … deny to any person within its jurisdiction the equal protection of the laws.”
The Supreme Court is still upholding one great big exception to this: preborn persons.
Preborn persons are still being denied the equal protection of the laws in every state.
Roe was overturned but equal protection was not established. This means that the Dobbs decision stands on a sandy foundation at best.
Overturned by Just One Vote
Second, the Dobbs victory is shaky because the vote to overturn Roe was a 5-4 decision. All it would take for a future Court to reinstate Roe is to flip one vote and we could get Roe (or worse) right back again.
Congress May Codify Roe
Finally, Congress might just pass a bill codifying Roe. With HR 3755, they actually tried to do worse than that recently by prohibiting all abortion restrictions. It already passed the U.S. House. The only thing that has so far kept it from passing the Senate is the filibuster rule and the vote of one Democrat Senator who says it goes too far, even while he says he would vote to codify Roe if a bill came up to do that.
Abortion supporters are so feverish to maintain sweeping nationwide abortion access that some Democrats are advocating for doing away with the filibuster rule so they can push through their bill.
President Biden even recently called for exactly that.
Now Constitutionally speaking, Congress doesn’t have any more right or authority to deny preborn persons the equal protection of the laws required by the 14th Amendment than the Supreme Court does. But that doesn’t mean they won’t try it anyway.
The Supreme Court got away with its unconstitutional opinion in Roe v. Wade for nearly 50 years. All the while not one single state ever stood up to the Court by ignoring its lawless opinion.
No state had the courage to stand up to Roe and choose to honor God and follow the Constitution. Not one state passed a bill of abolition to provide Constitutional equal protection for preborn babies.
What makes us think Congress won’t follow the example the Court set and issue their own lawless decree? Will the reaction of the states be any different if they do?
As you can see, there is still a lot of work to do. We can’t sit back and rest now.
Pro-abortion supporters are no longer happy with the provisions of Roe: they want abortion guaranteed without restriction in every state from coast to coast. Without the filibuster, they may have the votes to codify Roe right now, but they are fighting for MORE.
This fight is not even close to over. There is so much more for us to do before babies are truly protected.
We need to be urging the Supreme Court to take the next step and hold that states must provide equal protection.
We need to be urging Congress to exercise its power under the 14th Amendment to enforce the equal protection clause and require that states honor it.
We need to be passing bills in every state that remove abortion exceptions from state homicide codes so that persons before birth are protected by the same state laws protecting persons after birth.
Are you with us in this fight?
We don’t intend to give up or back down until ALL babies are equally protected by law, but we need your support. Join us today!
Will you help keep us strong in the fight by chipping in $15, $25, $50, or more TODAY so we can keep fighting no matter what pro-abortion forces come up with next?
For life, for justice, and for the glory of God,
Bradley Pierce
President
Abolish Abortion Texas