Justice Sonia Sotomayor in her oral arguments on 12/1/2021 in No. 19-1392 said some highly controversial things. You may wonder whether her most outstanding qualification to become a justice of the highest court of the land in 2009 was, because she is a Latina!
She based her argument on brain death??? Bizarre!
She appears to connect brain death and the consciousness of a fetus with brain death??? Bizarre! What a brain dead argument!
Is she perhaps implying that because consciousness of a human does not begin before about 24-28th week of gestation that a fetus can be aborted, because it is like a brain death person? Do we even know for sure that human consciousness begins so late? I seriously doubt it!
She also implied that abortion was OK, because the viability of a fetus does not start before 23-24 weeks. So absurd, so inhumane!
She is also pretty stupid when she argues that changing Roe v. Wade would be seen as a mere political act. Was not Roe v. Wade perhaps a political act itself thanks to the composition of justices back then and the prevailing political trends of that time?
Justice Sotomayor: "Virtually every state defines a brain death as death. Yet, the Official - Subject to Final Review literature is filled with episodes of people who are completely and utterly brain dead responding to stimuli. There's about 40 percent of dead people who, if you touch their feet, the foot will recoil. There are spontaneous acts by dead brain people. So I don't think that a response to -- by a fetus necessarily proves that there's a sensation of pain or that there's consciousness."
Justice Sotomayor: "So I go back to my question of, what has changed in science to show that the viability line is not a real line, that a fetus cannot survive? And I think that's what both courts below said, that you had no expert say that there is any viability before 23 to 24 weeks"
Justice Sotomayor: "Now the sponsors of this bill, the House bill, in Mississippi, said we're doing it because we have new justices. The newest ban that Mississippi has put in place, the six-week ban, the Senate sponsor said we're doing it because we have new justices on the Supreme Court. Will this institution survive the stench that this creates in the public perception that the Constitution and its reading are just political acts?"
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