Liberty Counsel filed an amicus brief asking the U.S. Supreme Court to review the decision by the Eleventh Circuit Court of Appeals regarding the Alabama law that prohibits dismemberment abortions of live unborn babies. This case presents a direct challenge to the 1973 Roe v. Wade abortion opinion.
In Marshall v. West Alabama Women’s Center, Liberty Counsel represents the American Association of Pro-Life Obstetricians and Gynecologists and American College of Pediatricians, which are urging the Supreme Court to accept review of the Eleventh Circuit decision and to uphold the law that protects unborn babies, who can feel pain as early as eight weeks gestation, from cruel and unusual punishment.
Liberty Counsel’s filing of the brief coincides with the annual March for Life in Washington, D.C., which is a visible protest of the 1973 opinion in Roe v. Wade, which opened the floodgates for abortion at all stages of pregnancy. The march draws hundreds of thousands of pro-life individuals, organizations and government leaders who advocate for protection of unborn children and sanctity of life from conception to natural death. The brief illustrates the inhumanity of abortion and urges the Court to accept the case and begin the process of dismantling Roe.
Although the Court of Appeals invalidated the Alabama law, it did so only because the judges said they were bound by the Supreme Court, which they noted created an “aberration of constitutional law” related to abortion. While disagreeing with the Supreme Court, the Court of Appeals acknowledged it is not the Supreme Court.
The three-judge panel’s decision reflected its reluctance to overturn the law, but its allegiance to its role as an intermediate appellate court under the authority of the Supreme Court’s previous decisions. One judge expressly called on the Supreme Court to overturn Roe v. Wade.
“Alabama’s law is a common-sense solution to a barbaric and gruesome procedure,” said Mat Staver, Founder and Chairman of Liberty Counsel. “If the vilest criminal has human dignity that prevents cruel and unusual punishment, then how much more should the law protect an innocent unborn child from the most despicable form of torture and death? There are just seven countries in the world that allow children to endure this barbaric procedure and that disgraceful list includes the United States. We must make the womb a safe place again,” said Staver.