The Catholic Association filed a brief in a major upcoming Supreme Court case addressing our nation’s outdated abortion laws. The Supreme Court will hear Dobbs v Jackson Women’s Health Organization, a case which presents a tremendous opportunity to challenge the status quo in abortion jurisprudence. Oral arguments are expected during the fall term and will address the constitutionality of a 2018 Mississippi pro-life law limiting abortions performed after 15 weeks.

TCA’s Policy Advisor, Dr. Grazie Christie, co-authored an amicus brief alongside other female doctors in support of the Mississippi law based on their expertise as medical professionals.

The brief argues, “If the Court’s abortion jurisprudence purports to rely on science, it should at least rely on modern science. But Casey effectively declared all scientific developments irrelevant and the viability line absolute, even though Casey itself relied on evolving science in declaring Roe’s trimester framework rigid and unworkable.”

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Argument Summary:

Roe and Casey’s Viability Standard Is Incomplete and Outdated According to Current Science. “Viability” no longer means what it did at the time of Roe and Casey. Ultrasound technology has dramatically improved and provides a clear window into the womb to witness the humanity of the unborn child. Improved imaging has provided greater information about fetal development. Advancements in technology have led to recognition of the fetus as a patient by mainstream medicine. Current science shows that the fetus is pain-capable much earlier than previously thought.

Casey Is Unworkable and Should Be Overruled. Casey does not allow for restrictions based on increased knowledge of how the brutal abortion procedure affects the unborn child. Casey is inconsistent with the Court’s recognition of other state interests that justify abortion restrictions. Casey’s standard is arbitrary and has had damaging effects.