BACKGROUND
What is the Supreme Court?
The Supreme Court is the highest tribunal in the Nation for all cases and controversies arising under the Constitution or the laws of the United States. As the final arbiter of the law, the Court is charged with ensuring the American people the promise of equal justice under law and, thereby, also functions as guardian and interpreter of the Constitution. Nine Justices make up the current Supreme Court: one Chief Justice and eight Associate Justices. In deciding a case, the justices hold a preliminary vote shortly after hearing oral arguments. A member of the majority is then assigned to write a draft of the Court’s opinion.
What information was leaked?
A news organization has reported that they have received a copy of an initial draft majority opinion written by Justice Samuel Alito that has been circulated inside the Supreme Court. The draft opinion was written for the case of Dobbs v. Jackson Women’s Health Organization, one of the most important pro-life case in decades. In arguing the case, Justice Alito’s draft of the majority opinion delivers a strong rebuke of Roe v. Wade.
What is Roe v. Wade?
In 1970, “Jane Roe” (Norma McCorvey) filed a lawsuit against Henry Wade, her local district attorney, to challenge a Texas law that prohibited abortion except to save the life of the mother. In summary, the Supreme Court delivered a highly controversial verdict based on the 14th amendment which says no state shall deprive any “person” of “liberty.” First, the Justices interpreted “liberty” to include a “right to privacy” and held that abortion is part of the right to privacy. Second, the Court held that the “unborn” are not included with other “persons” protected by the Constitution. So, a woman’s right to privacy was interpreted to include her right to abortion and the unborn were not considered living people with rights. The ruling on Roe v. Wade was the landmark decision that made abortion legal in all 50 states.
What are the implications of the leak?
The draft of the Court’s opinion points to a majority stance AGAINST the interpretation granted in Roe v. Wade. In other words, the majority of justices are favoring an interpretation that would oppose current abortion legislation. To be clear, the leaked draft does not mean the Court has decided to overrule Roe. The opinion of the Court on the case will not be finalized until the ruling is made public - likely before the end of June. So, it is significant to note that no draft decision in the modern history of the Court has been disclosed publicly while a case was still pending. The leak and circulation of this document could be a pawn in the political game to apply pressure to the Justices before a final decision is made.
If the verdict goes in the direction of the current draft and the Court overturns Roe, legalized abortion may soon become an issue that changes based on who controls the state legislature. Justice Alito says in the draft:
“In some States, voters may believe that the abortion right should be more [sic] even more extensive than the right Casey and Roe recognized. Voters in other States may wish to impose tight restrictions based on their belief that abortion destroys an ‘unborn human being.’”
In other words, legislation on abortion regulations could be turned over to individual States and be left to elected representatives.
According to the Tennessean:
Tennessee is one of nearly two dozen states certain to ban abortion in the event of Roe being overturned. Voters amended Tennessee's state constitution in 2014 to specifically remove access to abortion as a fundamental right in the state. The state in 2019 also passed a "trigger law" that would institute a de facto abortion ban should the Supreme Court overturn its Roe decision. If the law is activated, the Attorney General would notify the Tennessee Code Commission. Then, within 30 days of that notice, the state would officially have an abortion ban in place. The measure would make it a felony for a doctor to perform an abortion…
What should we do?
Pray
This news gives us much to pray for. It’s clear from scripture that life is precious - from womb to tomb - based on the biblical belief that humans are created in the image of God. If Roe is overturned, Tennessee will see many of these precious lives saved from the tyranny of the abortion industry. As Christians, we certainly want to pursue and celebrate life. At the same time, we must be willing to help women and children in crisis. Therefore, we should pray that:
The Justices overturn Roe v. Wade
Countless lives will be saved from abortion
Christians engage women in crisis pregnancies
Church communities will support foster care and adoption
Serve
If the State of Tennessee is given the opportunity to ban abortion, there will be more women locally looking for help in the context of crisis pregnancies. A key resource that is ready to serve this demographic is Full Circle Medical Center for Women. Here are a number of ways you can be involved:
Here are some ways to get involved:
Partner financially
Volunteer at events or help serve clients
Attend our Fall Fundraising Event, a live and silent auction on September 15th
CONCLUSION
Let’s keep a prayerful eye on the progression of this ruling. The implications could be massive - not only at a national level - but locally too! Let’s look for opportunities to pray for and serve the precious lives that God has created. May we be a church characterized by prayer and action.