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August 17, 2021

Scholars Make a Compelling Case for Dismissal

The legal right to abortion may soon come to an end. In July, Mississippi submitted a brief to the Supreme Court arguing that the Constitution makes no room for legal abortion and stating that all life must be protected. In light of this, the state is asking for two rulings—Roe v. Wade and Planned Parenthood v. Casey—to be overturned, effectively removing the current rulings that allow for the right to abortion. 


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This article by Robert George and Ryan Anderson argues that the Supreme Court made errors in the rulings of Roe v. Wade and Planned Parenthood v. Casey, citing that the “constitutional right” that both cases claimed is non-existent and rather was a “moral-political” preference imposed in the court. 


Their view is in good company. Harvard scholar John Hart Ely said that the decision is “bad because it is bad constitutional law, or rather because it is not constitutional law and gives almost no sense of an obligation to try to be.” Likewise, in a Harvard Law Review article, Laurence Tribe stated “one of the most curious things about Roe is that, behind its own verbal smokescreen, the substantive judgment on which it rests is nowhere to be found.”


The Mississippi brief also argues that “Because the Constitution does not protect a right to abortion, it provides no guidance to courts on how to account for the interests in this context.” The impact of this is that lower courts are left scrambling and making vastly different decisions regarding abortion simply because Supreme Court jurisprudence has been ineffective in determining clear courses of action.


In such a pivotal time for the future of abortion and millions of unborn babies, Christian Union is on the forefront of shaping our nations next great leaders in the arena of law. Ministering to students at Harvard Law School, Christian Union is training men and women to go into the legal world with the mindset of Christ, a robust understanding of Scripture and theology, and a passion to see their world changed by the gospel. 


Read the full article here.