Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Monday, November 15, 2021

A Reasonable Hope for Dobbs: Negate Roe's Negation of Prenatal Personhood

I was privileged over the last few days to participate in the 21st annual Fall Conference of the deNicola Center for Ethics and Culture at Notre Dame. What a gift to the Church and the Academy this Center and its activities are. I hope many people can watch the talks and discussions as they appear on the deNicola Center's YouTube channel. (If you watch just one panel, it should be "The Dignity of the Sexed Body: Asymmetry, Equality, and Real Reproductive Justice," featuring Erika Bachiochi, Abigail Favale, and Leah Libresco Sargeant. If a whole panel is too much and you want to see just one (non-plenary) talk, then ub this Year of St. Joseph, you have to go with Elizabeth Lev's visually and spiritually inspiring talk on depictions of St. Joseph in art as part of "The Dignity of Saints" presentation.)

The original title of my presentation was "Unwinding the Anti-Magisterium in the Supreme Court's Abortion Opinions." This promised too much for a talk that was to be between 18 and 20 minutes long, so I changed it to "Unwinding the Anti-Magisterium in Dobbs v. Jackson's Women's Health." (I was also pleased that this narrowed version clocked in at 18:59.) 

Because this presentation was on the undercard, no video recording of it will appear on YouTube. An audio recording (of my talk only, not of others on my panel or of the Q&A) is available here . A .pdf version of my slides is available here.

The talk is pitched to the audience of people attending a conference entitled "I Have Called You by Name: Human Dignity in a Secular World." Although discussing the law (accurately, I hope), it is not directed toward an audience of legal specialists. 

The bottom line of my reasonable hope for Dobbs is on slide 30/32: "Even if the Court does not affirm
prenatal personhood, it should negate Roe’s negation of prenatal personhood." 

The only thing I'd add at this point is that second point on slide 31/32 about nonjusticiability as an antidote to the abortion (anti-)magisterium is misleading. It says "Take the stance that the Court lacks judicially manageable standards to replace its perception of personhood with Congress’s or state governments’ perceptions." What I meant to say, instead, is that the Court should recognize that it lacks judicially manageable standards to put in place its perception of personhood in preference to Congress's or state governments' perceptions (with the implicit qualifier that these perceptions need to be reasonable in order to be acceptable).

https://mirrorofjustice.blogs.com/mirrorofjustice/2021/11/a-reasonable-hope-for-dobbs-negate-roes-negation-of-prenatal-personhood.html

Walsh, Kevin | Permalink