The justices of the U.S. Supreme Court recently released their last opinions of 2021. For people of faith, the results of the court's last term were a mixed bag involving three major cases – a somewhat encouraging religious freedom win for
foster care agencies, a big win for privacy of donors to charitable organizations, and a disappointing rejection of florist Barronelle Stutzman's appeal for religious conscience.
Looking ahead to the court's next term, beginning on the traditional first Monday in October, the court has already accepted two cases of interest to Christians. The first concerns the constitutionality of Mississippi's 15-week abortion ban. The second considers a Maine
school tuition program that cannot be used for private religious education.
The Mississippi abortion case, titled Dobbs v. Jackson Women's Health Organization, tests the high court's abortion jurisprudence going back to Roe v. Wade. The 1973 Roe decision, written by Justice Harry Blackmun, created artificial "trimester" rules for regulating abortion based on the concept of "viability," the time at which a preborn baby was generally thought to be able to survive, with medical help, outside the womb.
During the first trimester of pregnancy, the Roe majority ruled that almost no restrictions could be placed on a woman's "right" to choose abortion, other than minimum medical safeguards such as requiring a licensed physician perform the procedure. By the second trimester, the court said that a state may impose regulations on abortion that are reasonably related to maternal health. In the third trimester, where viability was considered to begin, a state could regulate abortions or prohibit them entirely, except where the life or health of the mother was at risk.
But advances in medical technology have lowered the age of viability. |