SCOTUS and the leaked draft: a 28-3 moment for the pro-life movement

Someone associated with the Supreme Court of the United States – a clerk, I’d wager – has slipped a reporter a copy of a draft opinion by Justice Alito in the Dobbs case, in which Alito bids Roe v. Wade goodbye. Activists who should know better are jumping for virtual joy.

Let’s get a grip. The draft is just that: a draft, not a final opinion. Nothing has been overturned.

Why leak the draft? Because for anyone who supports Roe v. Wade, this might seem like a time for desperate measures. Leaking the draft will put enormous pressure on the Justices who have reportedly indicated support for the draft. There is still time to flip a vote or two.

Why do I call this a 28-3 moment? A few years back, the score in the third quarter of the Super Bowl was 28-3. The Falcons were spanking the Patriots. The fourth quarter was going to be a mere formality. Except…the Pats clawed back, and won the game 34-28. (My husband gets the credit for reminding me of this.)

With the release of the leaked SCOTUS draft opinion, the pro-life movement looks like that team with the 25-point lead. Premature celebration is not a good idea.

Until at least five Justices formally sign on to something together, Dobbs is up in the air. The Court could go either way, meaning it might or might not overturn Roe. I suspect the three Justices who will feel the most heat are Barrett, Gorsuch, and Kavanaugh. The public uproar over the leaked draft hints at the private pressures they must be feeling today.

And if somehow Dobbs overturns Roe, the figurative 25-point lead could be temporary.

Even if it does overturn Roe by returning abortion policy to state legislatures, there is no sign that the Court will use the Dobbs case to assert and defend the fundamental right to life of each human being. Instead, at best, the Court seems poised to tell us that we are free to argue for that right one state at a time.

That’s a far cry from the truth once held to be self-evident. Created equal…endowed by their Creator with certain unalienable rights…among these are life….

If you think the battles in Concord over life-issue legislation will come to an end post-Dobbs, think again. The state constitution will be up for grabs.

The medical professionals involved in abortion will work harder than ever to persuade women and policymakers that they, the abortion providers, are the compassionate ones.

The political battles, grim as they’ll continue to be, will be child’s play compared to the overwhelming need to expand the network of personal and social supports that a woman or girl needs when her pregnancy is a challenge.

This is a moment for rededication to relentless, peaceful action in defense of life. Our service to each other, in words and actions and prayers, public and private, must lead us where the Court still seems unwilling to go.

If Justice Alito’s draft eventually becomes the Court’s decision, I’ll take time to cheer. Then I’ll get back to work alongside people with hearts wiser and more courageous than mine, knowing that the Court has left us with a lot of brokenness to mend.

Post header photo by Ellen Kolb.

Dueling rallies in Washington over Dobbs case

While the Dobbs case was being argued at the U.S. Supreme Court on December 1, two rallies were taking place outside. I went to Washington for the day in order to stand with the people calling on the Court to overturn Roe v. Wade and its cousin Planned Parenthood v. Casey.

Dobbs is about a Mississippi law setting a 15-week limit on abortions. May a state regulate abortion before viability? The Supreme Court might say yes or no. It might use the case to overrule Roe, or it might make a narrow ruling that OKs the Mississippi law while somehow keeping Roe and Casey in place. We’ll find out by the end of next June.

There were about two thousand people standing in front of the Supreme Court building on December 1, roughly evenly divided between pro-life and pro-Roe. A crowd-control fence divided the two groups, although there was plenty of peaceful passage back and forth. Capitol Police kept an eye on things.

at center: Destiny Herndon-De La Rosa of New Wave Feminists

Students for Life

Aimee Murphy of Rehumanize International

Secular Pro-Life’s banner sparked more than a few conversations.

It was a noisy gathering. Each side had about three hours worth of speakers, with mics and loudspeakers. There were chants and songs and shouts. Despite the sound system, I couldn’t make out many words on either side because of the ambient noise. Anyone following the live-streamed rallies remotely probably heard more speakers than I did.

It was worth listening later to a recording of Kathryn Jean Lopez’s speech. I recommend it. https://youtu.be/4ymvmIiaiO8

I met up with a group from Feminists for Life to pick up a sign. Just about every other pro-life group I’ve ever heard of, plus a few I hadn’t, was represented in the crowd. The diversity was great, as though speakers at the side rallies at the annual March for Life had been suddenly handed the keys to the main stage. The only thing we all had in common was a determination to move past Roe.

The sign I carried outside the Supreme Court, courtesy of Feminists for Life: Peace begins in the womb.

U.S. Supreme Court to hear challenge to Roe on December 1

The state of Mississippi enacted a law in 2018 restricting abortion after 15 weeks’ gestation. It was challenged in court (of course). The case, called Dobbs v. Jackson Women’s Health Organization, has reached the U.S. Supreme Court. Oral arguments are scheduled for December 1, with a decision to be handed down in 2022. The Court will be asked to rule on whether states may enact any pre-viability abortion restrictions.

This gives the Court a chance to overrule Roe and Casey. It also gives the Court a chance to affirm them.

For all the recent agitation that has accompanied the nomination and confirmation of Supreme Court Justices, no one knows how Dobbs will come out.

I’ll be traveling to Washington, DC on December 1 to stand outside the Supreme Court beside pro-life activists from around the country urging the Justices to let the Mississippi law stand. Discount airfare, one-day trip, pack a lunch: no sweat. For me, it’ll be like the March for Life seven weeks early.

For those staying closer to home, a coalition of Christian groups is organizing an online prayer event to be held on November 18 at 8 p.m. Eastern time. From the event’s invitation:

Join Catholic, Orthodox, and Protestant Christians across the country coming together online to pray for the Dobbs v. Jackson Women’s Health Organization case. This is the case that could could overturn Roe v. Wade—the Supreme Court decision that made abortion legal in all 50 states. This historic online gathering will bring together Christians across denominations. Together, we will pray for a just outcome that protects millions of preborn babies and their mothers. Jesus says, “where two or three are gathered together in my name, there am I in the midst of them” (Mt 18:20). Join us!

Find the flyer for the November event at prayfordobbs.com. There’s also a printable information sheet about the Dobbs case. Share freely.

One needn’t be Christian to recognize the right to life, and groups like Secular Pro-Life are supporting the Mississippi law. There’s room for everyone to urge the Court to move past Roe.