Why all laws using ‘fetal viability’ are unconstitutional

The U.S. Supreme Court’s 2021 decision in Dobbs v. Jackson Women’s Health Organization rendered void for vagueness (unconstitutional) all laws (12 noted below) and ballot initiatives (six noted below) using the term “fetal viability.” That term was invented by the Roe v. Wade Court and upheld by Planned Parenthood of Southeastern Pennsylvania v. Casey. It refers to a biological nonsense time, about two-thirds into a pregnancy, when the fetus can “survive outside the womb.” (Dobbs, page 2.)

Dobbs ruled that, “… the viability line makes no sense. It was not adequately justified in Roe, and the dissent does not even try to defend it today.” The Court continued by describing it as “an arbitrary point in a pregnancy.” (Dobbs, page 38.)

And, on page 53: “The viability line, which Casey termed Roe’s central rule, makes no sense. …” (Emphasis added.)

The Dobbs Court dedicated seven pages (50-56) to discussing why “… the viability line makes no sense,” before holding that:

“We now overrule those decision [Roe and Casey].” (Dobbs, page 79.)

Be certain to read pages 50 through 56.

All are unconstitutional as written

Despite the high court’s clear declaration that the term is nonsensical, it is found in many laws and ballot initiatives.

The recently enacted Ohio Issue 1, a ballot initiative that was approved by voters last year, states in Section 3: “… abortion may be prohibited after fetal viability.” Section 4 defines “fetal viability” as “… when … the fetus has a significant likelihood of survival outside the uterus with reasonable measures.”

Other states with similar laws using the Dobbs overruled term “fetal viability” are:

California, Washington, Illinois, New York, Michigan, Maine, Connecticut, Montana, Wyoming, Wisconsin and Pennsylvania.

The following initiatives on the November ballot use that unconstitutional term:

Florida’s Amendment 4 states: “No law shall prohibit, penalize, delay, or restrict abortion before viability.”

Other initiatives similarly worded are:

Arizona Proposition 139, Missouri Amendment 3, Nevada Question 6, Montana Constitutional Initiative 128 and Nebraska Initiative 439.

Why the ‘viability’ line makes no sense

The first dictionary definition of “viable” is “capable of living.” In the context of a normal pregnancy, that means, “capable of living inside mom until birth.”

“Fetal viability” is the second definition in today’s dictionaries (see previous link). However, that definition wasn’t in dictionaries prior to Roe. See “viability” in this 1965 edition of Webster’s Dictionary:

“Fetal viability,” an invented executioner’s euphemism, was used by the Roe Court to justify the mass abortion-homicide of 66 million innocent lives. Tragically, “fetal viability” has been adopted by a majority of Americans, especially the 51% who “just” want “reasonable” limits on intergenerational genocide. Sadly, some optimistic pro-lifers count the 51% “on our side.”

Abortion-homicides are committed on normal pregnancies

” … abortion – later-term or otherwise – is never medically necessary. If it were necessary, obstetrician-gynecologists would perform abortions as a condition of practice. Yet, 93% of obstetrician-gynecologists never perform abortions – at any stage of pregnancy.”

– from the Dobbs amicus brief (“friend of the court”) by the American Association of Pro-Life Obstetricians and Gynecologists, pages 29-30.

See also, “Medically necessary abortions are an abortion industry myth.”

Demon Roe’s genocidal fantasy haunts us post-Dobbs

Roe’s “viability line” defined a time in a pregnancy before which the states could not prohibit Roe’s invented, constitutional right to commit abortion-homicide, then considered to be 22 to 28 weeks gestation (about two-thirds into a pregnancy). Most abortion-homicides occur prior to that “line.” With regard to a gestating (aka, living) male or female human being, Roe’s “viability line,” is truly biological nonsense and an executioner’s euphemism because he or she is, in fact, biologically viable: “capable of living” inside mom until birth.

Barring evidence to the contrary, it should be legally presumed that preborn human beings, once alive at his or her one-cell beginning, naturally desire to continue living.

“Viability” is constitutionally unviable

Executioner euphemisms aside, medical science has reduced Roe’s viability “line” to the moment of fertilization, as the story of Hannah S. demonstrates in her amazing Dobbs amicus brief. Hannah S. was viable (first and second definitions) from her first, one-cell moment of life in the petri dish where fertilization took place in the process known as “in vitro fertilization” (IVF). For her story, see, “Aborting Roe: Life begins at the beginning – where else?” However, there are serious moral objections to IVF.

Our society has been spiritually corrupted to the core such that 66 million innocent boys and girls have been butchered in The Great American Abortion Holocaust with 85% of Americans agreeing with that result to one degree or another. Only 13% of Americans object to that butchery by America’s Angel of Death doctors.

This is truly spiritual warfare – and our side is losing badly. See Ephesians 6:12.

Has the pro-life movement failed?

The answer is a resounding and shameful, “YES!” That answer is based upon the ongoing nature of, and the overwhelming support for, mass abortion-homicide (85% to 13%). And, that support includes the Republican Party tacitly, but clearly, supporting most abortion-homicides in its 2024 Platform (all but “late term”).

The fact is that there are still about 1 million abortion-homicides per year because Dobbs reauthorized the holocaust by upholding the worst part of Roe. Why are pro-lifers calling evil (Dobbs), “good”? How the much-celebrated Dobbs did that is exposed here: “How to end abortion-homicide AND defeat Democrats in 2024.”

While each pro-life organization does great work within its narrowly defined, laudable goal of helping individual abortion-inclined mothers, they have utterly failed to unite to persuade the general public about America’s shameful involvement in a holocaust sixfold worse than the Nazi Holocaust!

I have written to about 75 of the largest organizations suggesting a unified PR and legal effort, with no result!. Perhaps they will consider the plan at the following link, which includes a class action lawsuit against the federal government, Planned Parenthood, and all abortion-homicide clinics and doctors – what a PR opportunity!.

See “Ending mass abortion-homicide – without the GOP.”

Wake up, America!

After discussing the moral depravity of slavery, then Virginia governor and unrepentant slave master Thomas Jefferson expressed a fear that we should all have today:

“Indeed, I tremble for my country when I reflect that God is just [and] that his justice cannot sleep forever.”

– Jefferson’s Notes on the State of Virginia (1784).