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Supreme Court Justice Sonia Sotomayor dismissed arguments that unborn babies should be protected from abortion when they are capable of feeling pain Wednesday as Mississippi asked to be allowed to ban abortions after 15 weeks of pregnancy.
The high court heard a direct challenge to Roe v. Wade on Wednesday in the case Dobbs v. Jackson Women’s Health. Mississippi is challenging the precedent that forces states to legalize the killing of unborn babies for any reason up to viability.
During oral arguments Wednesday, Mississippi attorney Scott Stewart told the court that science has advanced so much in the five decades since Roe that society now has a better understanding about the humanity and development of the unborn child.
However, Sotomayor, a Democrat appointee, attacked this reasoning in her line of questioning , asking Stewart to name specific medical and scientific advances that the court should consider.
“I think it’s an advancement in knowledge and concern about such things as fetal pain, what we know the child is doing and looks like and is fully human from a very early-” Stewart responded before Sotomayor interrupted him.
Later, Stewart said unborn babies at early stages of pregnancy can be seen recoiling when being poked or touched.
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But Sotomayor dismissed this evidence, claiming only a “gross minority of doctors” believe fetal pain exists before 24 weeks of pregnancy.
“It’s a huge minority and one not well founded in science at all,” she continued. “I don’t see how that really adds anything to the discussion.”Sotomayor also argued that only a “small fringe of doctors believe that pain could be experienced … before a cortex is formed.”It is not clear on what evidence Sotomayor based her claims about fetal pain, but they are, at the very least, outdated. Nor did she present any evidence that most doctors and scientists agree with her.Recently, a renowned expert in the science of fetal pain said he re-examined the evidence and now believes that unborn babies are capable of feeling pain as early as 12 weeks […]
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