U.S. Supreme Court Case Pending; Democracy May be Restored to Protecting the Unborn Child 

By Tony Lauinger, State Chairman, Oklahomans For Life

The number is 63 million. That’s the legacy of Roe v. Wade. That’s how many unborn children have been killed by legal abortion in our country in the 49 years since the U.S. Supreme Court legalized abortion on demand throughout pregnancy.

A nation that sacrifices its most helpless little members of the human family to solve the problems of adults has lost its moral compass. Maybe we will soon point true-north again. Maybe a slim Supreme Court majority will help us recover our humanity, view a child more as a gift than a burden, realize abortion is not a victimless act, understand life is not a zero-sum journey…

We don’t yet know. The leaked draft of a possible decision in Mississippi’s Dobbs case is three months old. Drafts of opinions and positions of justices often change during consideration of Supreme Court cases. We’ll have to wait and see.

What might the Court’s decision mean? It will not mean an end to abortion. It could, though, mean a level playing field at last. When the official ruling is issued, if there are five justices who support the leaked version, it would mean the democratic process could again function – as it did prior to 1973 – regarding abortion. The elected representatives of the people in each of the 50 states could once again decide whether, and to what extent, the lives of unborn children would be protected within that state.

The draft opinion makes that point straightforwardly: “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.” The draft also quotes the late justice Antonin Scalia who wrote: “The permissibility of abortion, and the limitations upon it, are to be resolved like most important questions in our democracy: by citizens trying to persuade one another and then voting.”

The draft’s author, Justice Samuel Alito, points out that, where the Constitution is silent – as it is regarding abortion – the citizens of our nation govern themselves through elections and legislation, not through the courts.

The Supreme Court in 1973, in what dissenting justice Byron White called “an exercise in raw judicial power,” fabricated out of thin air a “constitutional” right to abortion which was nowhere in the Constitution. Far from deciding the issue once-and-for-all, the Supreme Court shut down the democratic process and stifled citizens’ opportunity to protect the lives of unborn children. In so doing, the Court transformed abortion into the most contentious and polarizing issue in the country.

For pro-life Americans, the positive, compassionate, painstaking effort to win hearts and minds for the protection of innocent human lives must continue with more dedication than ever before. It is essential to elect pro-life public officials at the state and federal levels, and a pro-life president who will nominate judges and justices who respect the Constitution and the Declaration of Independence’s recognition that we are all endowed by our “Creator with certain inalienable rights, that among these are life…”

 The late Congressman Henry Hyde called the pro-life movement the most selfless of causes because its adherents are not seeking to benefit themselves, but, rather, those with no voice who are totally dependent on what others do on their behalf. 

 We will one day be judged by how we have treated the weakest and most vulnerable members of our human family – those at the dawn, and those in the twilight, of their lives. Let us strive that we might be able to plead that, in the midst of a culture of death, we sought to create a Culture of Life, and that to all life, we brought love.