The 140 Amicus Briefs filed in Dobbs v. Jackson

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This forum was created by Dave Leach R-IA Bible Lover-musician-grandpa (talk) 13:35, 2 October 2023 (UTC) to mine the gold from the 140 "Amicus" Briefs filed in Dobbs v. Jackson, June 24, 2022, the ruling that overturned Roe v. Wade (1973) and Planned Parenthood v. Casey (1992), returning the decision whether to continue the slaughter to voters state by state. The search here is for nuggets that can help end the slaughter in every state. I am mining these nuggets for my book, Reversing Landmark Abomination Cases.

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Below are the titles, dates filed, and links to, the 140 Amicus Briefs filed in Dobbs v. Jackson (2022), and excerpts from them, and my comments. I indicate which of them I include in my book, Reversing Landmark Abomination Cases. They are numbered in the order they were filed.

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1. Roman Catholic Diocese of Jackson and Roman Catholic Diocese of Biloxi

July 14, 2021 filed. Summary: this Court should find that the state’s interest in protecting unborn children who have the capacity to feel pain is sufficiently compelling to support a limited prohibition on abortion.

Excerpts

"The purpose of H.B.1510 is to protect those unborn children who, at 15 weeks gestation, have the capacity to feel pain. ...The government supplied expert testimony on this point" (which was excluded by the district court).

The main argument seems to be that banning abortions at 15 weeks is not a "substantial" obstacle to abortion, so it doesn't violate Casey, 1992, which prohibits a "substantial" obstacle. While it enhances "respect for life", which Gonzales, 2003, endorses. "Respect for life is clearly shown in Gonzales to be a sufficient governmental interest in abortion regulations."

States have an "important interest regarding the sanctity of life." Quoted from Carhart, 2000.

Justice Thomas was quoted saying SCOTUS has “struggle[d] to find a guiding principle to distinguish fundamental rights that warrant protection from nonfundamental rights that do not", and then it is asked, "Does an unborn child have a fundamental right to be free from pain in the womb?"

[COMMENT: what an understatement! No mention of the right to live? Actually being dead is an effective way to be free from pain. Life involves pain, and every day of life is a gift.]

The district court shouldn't have forbidden expert testimony about babies feeling pain as they are being murdered. "Whether an unborn child can feel pain when a doctor...kills it, it is clearly relevant to a law which forbids abortions at a time when the unborn child can feel pain."

"Consider how the Supreme Court has construed the Cruel and Unusual Punishments Clause of the Eighth Amendment to forbid executions of convicted murderers that involve unnecessary pain." Judge Ho added, "If courts grant convicted murderers the right to discovery to mitigate pain from executions, there's no reason they shouldn't be even more solicitous of unborn babies."

"Should Lady Justice turn a blind eye to the cry of the unborn child, sucking its thumb, hidden in the sacred dark refuge of his or her mother's womb, only to have that womb become a tomb? Justice should not abandon the unborn child. One of the most important roles of law is to fight for those that cannot fight for themselves."

"...the most fundamental of all rights - life. The right to life is, according to the Declaration of Independence, 'self-evident'. It is the sacred duty of our government to protect and respect this right...." "...a human being must be recognized as having the rights of a person - among which is the inviolable right of every innocent being to life." That's a quote from the Catholic catechism. Paragraph 2270.

"Before I formed you in the womb, I knew you. Jeremiah 1:5."

[COMMENT: It is stated that babies are people, yet far less is asked than the outlawing of murdering them in every state, which that fact demands. Not even the overturning of Roe and Casey are asked, but merely the survival of Mississippi's 15 week aborticide ban. Only one Bible verse in support of that fact is given. No evidence that babies are people is offered. The testimony of court-recognized fact finders is absent.

[The comparison with pain studies for the benefit of convicted murderers being executed is a very strong point. But I am suspicious of the theory that babies much younger can't feel pain. A worm on a fish hook obviously feels pain. And a human baby, at the same size, can't?]

2. American Center for Law & Justice

Filed July 14, 2021. Stare decisis cannot trump adherence to the Constitution as the supreme law of the land.

Excerpts

"Stare Decisis...cannot exalt knowingly incorrect supreme court decisions over the Constitution itself." "...the justices must prefer a a faithful reading of the Constitution to an acknowledged false reading."

The "Supremacy Clause" of the Constitution, declaring the Constitution "the supreme law of the land", does not include "decisions of the United States Supreme Court". Judges take an oath to uphold the Constitution.

"Abortion advocates, recognizing the doctrinal flimisness of this court's abortion jurisprudence, invoke the doctrine of stare decisis as counseling adherence to Roe and Casey even though they were wrongly decided."

[COMMENT: The brevity of this brief is itself a strong statement, along with its only court cites being about judges not putting themselves above the Constitution. I think it is less than half the length allowed by the Court for an amicus brief. As if to say "Look, you know how wrong Roe and Casey are. Just, STOP!"

[Nothing is explicitly said about a right to life for babies, to counter all the arguments from Hell for murdering them. But the nose-thumbing at all the arguments from Hell is breathtaking.]

3. 375 WOMEN INJURED BY SECOND AND THIRD TRIMESTER LATE TERM ABORTIONS AND ABORTION RECOVERY LEADERS

Filed July 20, 2021 “The Dignity Of Infant Life In The Womb” is appealed to.

The brief says “Amici Women who actually experienced this gruesome reality request this Court to consider the effect on the woman who has felt her baby moving alive in her body, then realizing the baby is dead and not moving, for two days, before removal. This overall description is clinical gruesomeness at its most wretched level.”

[COMMENT: Dignity of infant life. It was not pointed out that their “dignity” is made possible only by realization that they are human beings. We eat animals, and do not talk about their “dignity” as we slaughter them. Oh wait, I'm wrong. Democrats regard animal slaughter as way more violative of "dignity" than human slaughter. So maybe it is a more powerful argument in court to DENY that babies of humans are humans? They are animals, which merit greater protection?

The sentence following: “Especially if one inserts the term ‘baby’ which is the term most women use instead of the clinical term ‘fetus.’”

“Late term abortions are also a crime against humanity, which occurs when the government withdraws legal protection from a class of human beings.”

[COMMENT: Three things are missing from making this a powerful argument against legal abortion: (1) evidence that babies are “human beings”, to trigger what Roe said would “of course...collapse” legal abortion, (2) a request of the Court to end legal abortion, without which there is little pressure on the Court to address this evidence, and (3) citing the fact that babies are human beings - not just the fact that some mothers are grossed out - as the reason legal abortion should end.]

The only “remedies” requested by the “amici women” brief are: the right to “Protect Women’s Psychological Well-Being (Health), The Dignity Of “Infant Life” In The Womb, And The Integrity Of The Medical Profession And Society”. Amici women never ask for the end of all legal abortions, but only for an end to abortions after 15 weeks as the Mississippi law targets, because “Late Term Abortion Severely Injures Significant Numbers Of Women”. It causes “Grief More Anguished and Sorrow More Profound” and “Devastating Psychological Consequences”. (For some mothers, that is.)

The murder of babies, though alleged, is not presented as a reason for the Court to do anything. The fact that only abortions past 15 weeks, which are only 4.5% of abortions, are the target, is consistent with the primary concern being for mothers, since concern for babies would call for outlawing all abortions.

This analysis should not be taken to imply that the lawyers and women involved don’t care primarily for the slaughtered, dismembered babies! Of course that is their primary concern! But I marvel that they don’t say so in their brief, citing the overwhelming, irrefutable evidence of unborn personhood by the consensus of every court-recognized finder of fact that has taken a position on “when life begins”.

==4. The States of Texas, Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Missouri, Nebraska, Ohio, Oklahoma, South Carolina, Tennessee and West Virginia==