Hoping to persuade the Supreme Court of the United States (SCOTUS) to cease bending established standards of constitutional law to protect abortion, PLLDF joined other pro-life groups and individuals to assist preparing and filing an Amicus Curiae brief at SCOTUS in June Medical Services v. Gee.
This time PLLDF seeks to uphold the Louisiana Unsafe Abortion Protection Act which has a stated purpose of improving abortion safety, a state interest recognized in Roe v. Wade. And this time two Boston College Law School students, working with PLLDF, contributed valuable text which appears in the final brief.
The brief persuasively argues that the “undue burden” test currently applied in abortion cases is hopelessly flawed and should be abandoned. It also shows how the plaintiffs challenging the statute (two doctors and an abortion clinic — not even one woman who sought or actually wished to seek an abortion) lack legal standing both because they have not been denied any reproductive rights, and because the preconditions needed for SCOTUS’ doctrine of third-party standing have not been met.
The brief presents a laundry list of cases in which the Court has deviated from long-established principles of constitutional law in order to pronounce special rules for abortion cases, and advocates for the Court to refuse to continue to embrace abortion-predilection jurisprudence.
The brief calls for the Court to admit that, although there were differing views about when a fetus became alive in 1973 when Roe was decided, modern science has now settled the question of when human life begins — on a biological level from the moment of conception.
The brief also argues that, notwithstanding atextual, judicially invented doctrines of “substantive due process” and “privacy”, it is time for the Court to return to truth — and time to accept the self-evident truth that a baby in the womb is life. “For this Court to continue to declare otherwise…” the brief argues, “forces the nation into a world of the upside down, destroying the confidence of the people in the Court, and organically damaging the nation.”
Read the brief here.