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No. 19-1392 ================================================================================================================ In The Supreme Court of the United States --------------------------------- ♦ --------------------------------- THOMAS E. DOBBS, STATE HEALTH OFFICER OF THE MISSISSIPPI DEPARTMENT OF HEALTH, et al., Petitioners, v. JACKSON WOMEN’S HEALTH ORGANIZATION, et al., Respondents. --------------------------------- ♦ --------------------------------- On Writ Of Certiorari To The United States Court Of Appeals For The Fifth Circuit --------------------------------- ♦ --------------------------------- BRIEF OF AMICI CURIAE FOUNDATION TO ABOLISH ABORTION, ABOLISH ABORTION TEXAS, ACTION FOR LIFE, FREE THE STATES, RESCUE THOSE, OPERATION SAVE AMERICA, END ABORTION NOW, COLORADO RIGHT TO LIFE, AMERICAN RIGHT TO LIFE, ABOLISH ABORTION ARKANSAS, ABOLISH ABORTION IDAHO, ALASKA RIGHT TO LIFE, ABOLISH ABORTION PA, SOUTHERN BAPTISTS FOR ABOLISHING ABORTION, WEST TEXAS FOR LIFE, LIBERTY RISING INSTITUTE, SC RIGHT TO LIFE, ABOLISH ABORTION NORTH CAROLINA, LOVE LIFE, VOICE FOR THE VOICELESS, SCOTT HORD MINISTRIES, NUMEROUS OTHER AMERICANS FOR ABOLISHING ABORTION, AND 20 STATE LEGISLATORS, IN SUPPORT OF NEITHER PARTY --------------------------------- ♦ --------------------------------- BRADLEY W. P IERCE Counsel of Record FOUNDATION TO ABOLISH ABORTION P.O. Box 402 Liberty Hill, Texas 78642 Tel. (512) 598-1092 [email protected] Counsel for Amici Curiae ================================================================================================================ COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM i TABLE OF CONTENTS Page Table of Contents ................................................. i Table of Authorities ............................................. iii Interest of Amici Curiae ...................................... 1 Summary of Argument ........................................ 4 Argument ............................................................. 5 I. Roe v. Wade, and refusal to overrule it, un- dermines the legitimacy of the authority of the Court ................................................ 5 II. Where the Court does not restrain its au- thority within its legitimate bounds, the Court impels those faithful to the Consti- tution to seek redress via other constitu- tional avenues ............................................ 16 a. Those who oppose Roe could seek to amend the federal constitution; but should they? ......................................... 19 b. Those who oppose Roe may pursue other federal-level remedies ................ 20 c. Those who oppose Roe may pursue state-level remedies ............................. 22 d. Admittedly, these constitutionally avail- able remedies are more disruptive than the Court overruling Roe itself, but they are not as disruptive as allowing continuous mass prenatal genocide or the continual undermining of the rule of law ................................................... 23 ii TABLE OF CONTENTS—Continued Page III. In addition to overruling Roe, the Court should recognize that the Equal Protec- tion Clause of the Fourteenth Amendment requires that state laws protecting born persons against homicide may not deny equal protection to persons not yet born ..... 25 a. A preborn human being, no matter how small, is a person under the Four- teenth Amendment .............................. 25 b. The Equal Protection Clause requires homicide laws of the states to protect persons not yet born equally as per- sons who are ........................................ 26 Conclusion ............................................................ 34 APPENDIX Appendix A—List of Public Officials Amici Cu- riae .................................................................... App. 1 Appendix B—Current State Legislation ............ App. 2 iii TABLE OF AUTHORITIES Page THE HOLY BIBLE Exodus 20:1-6.............................................................. 14 Jeremiah 6:14 ............................................................. 24 Jeremiah 8:11 ............................................................. 24 John 19:11 ................................................................... 10 Matthew 28:18 .............................................................. 9 Proverbs 24:10-12 ....................................................... 35 Psalm 2 ................................................................... 9, 34 Romans 13:1 ............................................................... 10 Romans 13:4 ............................................................... 10 CONSTITUTIONAL PROVISIONS U.S. Const. amend. XIV, § 1 ................................ passim U.S. Const. art. III, § 1 .......................................... 11, 21 U.S. Const. art. V ......................................................... 11 U.S. Const. art. VI, ¶ 2 ................................................ 22 CASES Doe v. Bolton, 410 U.S. 179 (1973) ........................ 15, 19 Fondren v. State, 74 Tex. Crim. 552, 169 S.W. 411 (1914) ....................................................................... 27 Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803) ....................................................................... 16 iv TABLE OF AUTHORITIES—Continued Page Moore v. State, 37 Tex. Crim. 552, 40 S.W. 287 (1897) ................................................................. 27, 28 Planned Parenthood v. Casey, 505 U.S. 833 (1992) ......................................................................... 4 Roe v. Wade, 410 U.S. 113 (1973) ........................ passim Watson v. State, 9 Tex. App. 237 (1880) ................ 27, 29 STATUTES 2 Vernon’s Texas Statutes 1191–1196 (1948) ........................................................... 27, 28, 29 2 Vernon’s Texas Statutes 1257 ................................. 28 5 U.S.C.S. § 3331 ......................................................... 17 28 U.S.C.S. § 453 ......................................................... 17 Tex. Code Crim. Proc. Art. 38.14 ................................ 28 Tex. Code Crim. Proc. Art. 653 (1857) ........................ 28 Tex. Rev. Civ. Stat. Art. 4512.1–4512.6 .......... 27, 28, 29 OTHER AUTHORITIES 1 William Blackstone, Commentaries on the Laws of England 42 (1765) ....................................... 9 Alexander Bolton, Democrats: Roe v. Wade blow would fuel expanding Supreme Court, The Hill (May 24, 2021) ................................................. 20 Declaration of Independence .................................... 8, 9 v TABLE OF AUTHORITIES—Continued Page Foundation to Abolish Abortion, Oaths of Office (July 21, 2021) ......................................................... 17 Francis A. Schaeffer, How Should We Then Live 205 (1976) ................................................................ 25 Guttmacher Institute, Induced Abortion in the United States 1 (2019)............................................. 17 Henry, P. (1817). Patrick Henry’s Speech to the Virginia House of Burgesses, Richmond, Vir- ginia March 23, 1775. Historic American Doc- uments (Lit2Go Edition) ......................................... 24 James Wilson, “Of the General Principles of Law and Obligation,” in 1 The Works of the Honour- able James Wilson, L.L.D., 104 (Bird Wilson ed., 1804) ................................................................. 10 John Adams, 2 Papers of John Adams 314, No- vanglus Letter No. VII (R. Taylor ed. 1977) ............ 16 John R. Vile, American Views of the Constitu- tional Amending Process: An Intellectual His- tory of Article V, 35 Am. J. Legal Hist. 44 (1991) ....................................................................... 12 Joshua J. Craddock, Note, Protecting Prenatal Persons: Does the Fourteenth Amendment Pro- hibit Abortion?, 40 Harv. J.L. & Pub. Pol’y 539 (2017) ....................................................................... 26 Key, Francis Scott, The Star-Spangled Banner, The Yale Book of American Verse. Ed. by Thomas Raynesford Lounsberry ............................ 25 vi TABLE OF AUTHORITIES—Continued Page Michael Stokes Paulsen, The Plausibility of Per- sonhood, 74 Ohio State L.J. 14 (2012) .................... 26 Pete Williams, In rare rebuke, Chief Justice Rob- erts slams Schumer for ‘threatening’ com- ments, NBC News (March 4, 2020) ......................... 20 Robert Jackson, “Opening Statement,” Nov. 21, 1945, 2 Trial of the Major War Criminals be- fore the International Military Tribunal 143 (International Military Tribunal, Nuremberg 1947) ........................................................................ 10 Saikrishna Prakash and Steven D. Smith, How to Remove a Federal Judge, 116 Yale L.J. 72 (2006) ....................................................................... 21 Steven Andrew Jacobs, The Future of Roe v. Wade: Do Abortion Rights End When a Human’s Life Begins?, 87 Tenn. L. Rev. 769 (2020) ....................... 26 U.S. Abortion Clock ..................................................... 23 UK Parliament, Swearing In and the Parlia- mentary Oath .......................................................... 16 LEGISLATION H.R. 2597, 110th Cong. (2007) (“Sanctity of Life Act of 2007”) ............................................................ 21 1 INTEREST OF AMICI CURIAE1 The Foundation to Abolish Abortion is a na- tional nonprofit abolitionist organization with the mis- sion to exalt and vindicate the image of God by promoting sound public policy that provides equal pro- tection under the law
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