Dobbs Didn’t Go Far Enough

The Supreme Court decision, while welcome, has left human personhood not up to scientific determination but to democratic selection.

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Pro-life demonstrators hold signs during the annual March for Life in Washington, D.C., January 20, 2023.

Evelyn Hockstein/Reuters

Two years ago, on June 24, 2022, after nearly a half century of dehumanization and science denial, the Supreme Court finally overturned Roe v. Wade with its opinion in Dobbs v. Jackson Women’s Health Organization. That ruling, delivered by Justice Samuel Alito, affirmed the humanity of the human embryo and fetus and ushered in a new era of life-affirming laws for unborn children across America. Pro-life activists rejoiced. The pro-abortion movement lashed out in fury. But now it is appropriate to wonder: Was the decision really such a clear victory for one side and defeat for the other?

What Americans didn’t seem to notice is that, like Roe, the Dobbs decision did not reflect objective biological reality about humankind. The Supreme Court opinion failed to explicitly state that all unborn children are “persons” who have a constitutional right to life under the equal-protection clause of the 14th Amendment. By not constitutionally guaranteeing life for the unborn, Dobbs perpetuated the fallacious notion that some human beings have a reduced status — i.e., that there are some humans (the unborn in this case) who are less than fully human persons. Additionally, Dobbs empowered “the citizens of each State” to redefine the human being and the human life cycle according to their personal proclivities.

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About the Author

Brooke Stanton

Brooke Stanton is the co-author of The First 56 Days of You: How Your Human Journey Begins and the chief executive officer of Contend Projects, a registered 501(c)(3) education organization spreading the basic, accurate scientific facts about when a human life starts and the biological science of human embryology.

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