To the Supreme Court of the United States: 

I present the following argument for abortion rights up until the point of viability with Biological facts, constitutional law, the right to practice the religion of my choice and my own life experiences. 

In short, (1) women will die if Roe is overturned because they will seek out illegal abortions instead just like they have been doing since the dawn of time to control their own reproduction and just like they are now doing in Haiti and other countries where abortion is restricted pre-viability and women are dying as a result because abortion is not legal or legal up until viability; (2) the point of viability is the absolute minimum amount of time women need in order to obtain an abortion for financial reasons (women are paid less than men for the same jobs and most women live paycheck to paycheck), biological reasons (many women miss their periods and don’t realize they are pregnant yet and then need time to make appointments, take off from work and travel) and other reasons stated below which make viability the earliest point in time that would be moral and logical to enact abortion restrictions on women; (3) My brother and I would probably not be alive today without abortion as my mother obtained a legal abortion at the age of 17 and may not be alive today or consensually had my brother or me if she had sought out an illegal abortion instead; (4) elective abortion up until the point of viability is what’s best for society at large because illegal abortions kill women and dead women cannot contribute to society or have offspring; (5) according to the discipline of Biology, the study of life itself, the fetus is not even alive, or a “living entity,” up until viability and therefore its interests and life do not exist yet and are irrelevant; (6) the Constitution’s 14th Amendment clearly states that only “BORN” persons shall be afforded citizenship and all the rights and privileges of the constitution such as right to life, liberty and property, and this makes a person’s personal belief about when life begins irrelevant because the right to life and citizenship begin at birth and not before according to the Constitution; (7) the Jewish faith practices that life begins at birth and afford women the option to end a pregnancy pre-viability and this conflicts with the overturning of Roe and religious freedom for Jewish people, which is also a constitutional right promised to all US citizens, so abortion rights are therefore a fundamental issue and thus by constitutional standards cannot be left up to the States; (8) forced pregnancy pre-viability worsens poverty and situations for already vulnerable populations and worsened poverty can be a death sentence in and of itself; (9) forced pregnancy and birth pre-viability are a violent physical assault on the body comparable to rape, as childbirth is akin to war and one of the most dangerous things a woman can ever do and this should never be forced on anyone, and further, women die 14 times more often from pregnancy and childbirth than from legal abortion, so forced pregnancy pre-viability is a potential death sentence and therefore violates a woman’s right to life as promised by the Constitution; (10) consent to have sex is not consent to be pregnant and give birth and they should not be conflated or confused; one does not assume the other and each must be respected in its own right. The constitution is therefore NOT neutral on the subject of abortion and it would be OVERTLY unconstitutional, unethical and illegal to overturn Roe. These points are further outlined below.

The Constitution’s 14th Amendment Section 1 states that only “all persons BORN or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No Stateshall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of Life, Liberty or Property, without due process of law; nor deny to any person within its jurisdiction the Equal Protection of the Laws.”

The text clearly states that no state may deprive any “born” person of Life, Liberty or Property. The word “born” is clearly stated and implies that only born persons are citizens of the United States and qualify for such rights and privileges as citizenship and the right to life, liberty and property. The Constitution therefore is not neutral on the issue of abortion. The word “born” is clearly stated and defines the point at which the right to life, liberty, property and citizenship begins in a person’s life. This makes it irrelevant when any individual or state dictates when life begins as the Constitution states that the RIGHT to life begins at birth. It is clearly stated that these privileges and rights begin at birth and not before that point, and there is no other language to suggest otherwise.

Therefore, in any case presented where the interests of a pregnant born person and an unborn person are in conflict, the interests of the born pregnant person always prevail as a pregnant person is a born person and citizen and the fetus is an unborn person and non-citizen. Further, Biology, the scientific discipline which studies Life itself, defines a living thing as any entity that can survive on its own without a host. This would deduce that a pre-viable person is a non-living entity, so any fetus prior to viability is not alive. Fetal viability is defined as “the ability of a fetus to survive outside the uterus.” Viruses and parasites are examples of non-living entities because they require a host to exist and are therefore non-viable, like a fetus prior to 22-24 weeks in utero, because up until that point, the fetus cannot exist without the mother host. 

By logical deduction, a pre-viable fetus, which has not surpassed the point at which it can survive without a host, is a non-living entity, like a virus or parasite, and though it is a potential human life, it is by biological standards not a human life until viability, and a non-living entity has no interests or right to life because it is not alive yet. Therefore, abortion pre-viability involves the destruction of a non-living entity that is not yet alive and therefore cannot experience pain or discomfort and whose interests do not exist yet and are therefore irrelevant. So in the case of abortion pre-viability, there are no human rights being infringed upon when a pregnant person has an abortion up until the point of viability because the fetus is by globally accepted biological standards not yet alive.

Additionally, pregnancy and childbirth are 14 times more deadly than safe abortion. This means that childbirth and pregnancy are 14 times more likely to result in death than legal abortion, and the statistics worsen for women of color. Therefore to force any pregnant person to endure an unwanted pregnancy at any point therefore can be a potential death sentence, not just due to physical complications but also because being forced to carry an unwanted pregnancy can push an already vulnerable person to commit suicide. For these reasons forced pregnancy pre-viability violates a person’s right to life guaranteed by the 14th Amendment because pregnancy results in death 14 times more often than safe abortion and can push an already vulnerable person to consider and commit suicide. You don’t know people’s situations.

Further, if sanctity of life is our mutual goal, then this is best achieved by allowing women to obtain an elective abortion up until the point of viability since death from unwanted pregnancy results in the loss of life of both mother and future child 14 times more often than legal abortion. When women die from unwanted pregnancy, we lose them and any future children they could have made from desired, consensual pregnancies. It is therefore logical to conclude that to force any person to continue an unwanted pregnancy pre-viability is not what is best for society at large or any living person and it therefore becomes a wide-reaching fundamental issue that affects women everywhere equally and thus must be universally regulated. Fundamental moral and legal issues like abortion cannot be left up to state governments to decide arbitrarily because they are universal issues that impact people everywhere equally as the negative consequences of forced pregnancy pre-viability do not change across cultures, timezones, states, religions, ages or races. 

Further, the potential consequence of death from being forced to carry an unwanted pregnancy is not a suitable, moral or acceptable “punishment or consequence” for having had sex, consensual or not, but especially non-consensual sex. Many people also consider forced pregnancy pre-viability as rape because forced childbirth and pregnancy are a violent assault on one’s body, very similar to rape. Forced pregnancy pre-viability, and its ensuing violent, excrutiating and bloody forced childbirth, are therefore heinous, callous, conscious acts of violence against women by the state.

Additionally, there are many human religions and faiths that do not recognize human life until birth, just as Jewish faith and culture. To impose pre-viability abortion restrictions on people depending upon which state they live is intolerable of their diverse religious views and would therefore unfairly punish people who practice faiths other than catholicism and would violate their right to practice the faith of their choice, a right which is also guaranteed by the Constitution. The right to purse an abortion up until viability is therefore a fundamental, universal, constitutional human rights issue that legally cannot be left up to the States to decide and must be federally universal, regulated and maintained.

Moreover, 22-24 weeks is required for all victims of rape to obtain an abortion because many rape victims require a significant amount of time to properly respond to what happened to them due to the intense psychological trauma of rape, as it can involve a close family member or friend, personal friend, mentor, teacher or abusive boyfriend or husband. Therefore victims do require at least 22-24 weeks to obtain an abortion after being raped. Being assaulted and invaded is one of the worst experiences a human being can endure and one of the hardest to survive, and the psychological after-effects of rape, and even forced pregnancy, regardless of whether consent was given to have sex, can both lead one to consider suicide and develop a lack of empathy for other human beings. 

I know this because women I know have considered suicide at the thought of carrying an unwanted pre-viability pregnancy and who considered hanger abortions and suicide if they could not obtain a legal abortion or afford one. Have compassion for women in situations you have never known. People are delicate, our bodies are mortal and our lives and situations are complex. To force any person to become a human incubator against their will is cruel, inhumane and violates their constitutional right to liberty in the 14th Amendment. Additionally, since the issue of abortion affects largely only the female gender, it is discriminatory to force pregnant people to risk their lives to give birth pre-viability as the 14th Amendment states that all born persons shall enjoy Equal Protection of the Laws. This is an issue which affects women more than men but can impact men too as their female partners could die due to complications from unwanted pregnancy. Even so, it is discriminatory to force women to carry an unwanted pregnancy as it puts the female sex at risk far more often than the male sex and the same risk is not applied to the male sex for any reason in any situation. This violates the Equal Protections Clause.

Further, the 14th Amendment promises the right to property. A woman’s body is her personal property and a pregnant woman is still a woman, therefore her body is still her property. Thus what grows inside of a pregnant person remains the property of the pregnant person to do with as they choose until viability. Additionally, consent to have sex should not be conflated, confused or combined with consent to carry a pregnancy, give birth or reproduce. These are separate agreements. Each must be independently respected and one does not assume the other. Moreover, reproduction is a personal choice that can only rightly be decided by the person carrying a pregnancy, not any state or federal government. Further, a pregnant person is guaranteed the right to enjoy privacy in all aspects of their personal, bodily and healthcare matters. 

Also, the point of viability makes sense as the earliest possible demarcation point for abortion restrictions because it gives the pregnant person the minimum acceptable amount of time to find out they are pregnant, as many women have irregular periods and/or are raped, and then make plans to have an abortion, make an appointment and save up the money necessary to obtain an abortion. Most women live paycheck to paycheck and are paid less than men for the same job. Further, female wages and the wage gap worsens the darker a female’s skin color is. Therefore, any point pre-viability as a demarcation point for abortion restrictions is absolutely without reasonable doubt biologically, financially and constitutionally unfeasible, inhumane, cruel and scientifically and morally unsound as well as RACIST AND GENOCIDAL FOR BLACK PEOPLE AND WOMEN OF COLOR because you are not giving them enough time to find out they are pregnant and save up for an abortion and then are forcing them into pregnancy and childbirth, which is 14 times more deadly than having an abortion, before they have had a fair chance to obtain an abortion. 

Additionally, abortion restrictions on pre-viable pregnancies are in conflict with a person’s fundamental right to have sex and decide what happens to them and their body after they have sex. Moreover, pre-viability abortion restrictions are the only legal situation in which human beings are forced to use their bodies to produce or sustain life. Even if one person shoots another person in the kidneys or another necessary organ and the victim could die as a result of not receiving the shooter’s kidneys, organs or blood to save their life, the shooter is still not legally obligated to donate their organs, give blood or risk their own life to save the life of the living, born person they have harmed. The only time we ever consider that a person is forced to use their body to produce or sustain life is during pregnancy, which overwhelmingly affects women, and so forced pregnancy pre-viability is an issue of sex discrimination and violates the 14th Amendment’s Equal Protection clause.

Therefore to rule in favor of any abortion restriction that is imposed on any pregnant person at any stage of pregnancy pre-viability, by any State, would deprive that pregnant person of the rights and privileges guaranteed to them by the Constitution and be unconstitutional. To leave the issue of abortion up to the states would force pregnant people to face death as a potential outcome of your ruling, which would be in violation of their 14th Amendment right to life. Moreover, any ruling which favors a nonliving person, as by scientific definition unborn people are non-living up until the point of viability, over its living host mother is unconstitutional as only BORN people’s rights, privileges and interests are legally recognized by the Constitution and only living entities can theoretically posses the right to life, not potential life or non-living entities. It is therefore only logical to conclude that the only acceptable ruling in any case where an abortion restriction is presented pre-viability is to rule in the favor of the pregnant person’s interests. 

Also, if I may, I wish to add that the issue of body autonomy that pertains to vaccine mandates that controls one’s ability to work and participate in life and society is vastly different than in the case of abortion. People who choose to be unvaccinated and receive a free shot in their arm which has very rare side effects and serves to eradicate a deadly disease, like polio and smallpox, are putting born, living persons’s lives at risk with their choices and violating born, living persons’ constitutional right to life. That is why vaccine mandates for work and life are necessary and constitutional, because unvaccinated people are violating living people’s 14th Amendment right to life by spreading a preventable disease in choosing not to be vaccinated. In the case of abortion, it is a living pregnant person who chooses to end the development of a non-living entity before it becomes a living entity and therefore there are no rights being infringed upon when an abortion is performed up until the moment of viability.

The last thing that I will say on this topic is, if men got pregnant, abortion would be an app on your phone and would come with pizza and beer and two tickets to your favorite sports game, and no one would bat an eyelash. This is a sex discrimination issue and a right to life issue for women as well as an issue of privacy and health, the right to control when you have children and how many, which involves the Constitution’s right to liberty and control of one’s own property, as your body is your own personal property, and it also involves the fundamental right to control one’s own reproduction regardless of another religion’s, individual’s or state’s arbitrary, oppressive and tyrannical belief system about when life begins. These points are not arbitrary and cannot be left up to the states to decide because the Constitution clearly states that all rights and privileges it guarantees are only afforded to born persons, and pregnant women are born persons who are therefore promised the right to life, which is then violated when they are forced to carry an unwanted pregnancy and carry to term because it is far more likely to result in death than legal abortion. I rest my case.

Thank you very much for reading my letter. 


Lindsey H. Green

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