Was Biden's Solicitor General Right to Label an Unborn Baby a 'Baby'? McCarthy: 'I Am Pro-Life'

Emily Robertson | March 10, 2022 | 1:56pm EST
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House Minority Leader Kevin McCarthy (R-Calif.)  (Getty Images)
House Minority Leader Kevin McCarthy (R-Calif.) (Getty Images)

(CNSNews.com) -- When asked if U.S. Solicitor General Elizabeth Prelogar was right to refer to an unborn baby as a “baby” during the oral argument for Dobbs v. Jackson Women’s Health Organization, House Minority Leader Kevin McCarthy (R-Calif.) said he was unaware of the arguments at the court, but stressed that he was “pro-life” and hoped that would suffice as an answer. 

At a House briefing on Wednesday, CNSNews.com asked McCarthy, “In oral arguments, at the Supreme Court, back in December, in the Dobbs v. Jackson Women’s Health case, Biden Solicitor General Elizabeth Prelogar referred to an unborn baby as a ‘baby’ -- was she right?”

The minority leader said, “Say that again, I’m not an attorney. Go through this. We’re going to debate a Supreme Court case that I wasn’t at and what they said.”

CNSNews.com clarified the question saying, “Yes, so back in December, Elizabeth Prelogar, the solicitor general, she made a statement in referring to Justice Clarence Thomas’ question asking what the right was that she was specifically seeking in that case. She referred to an unborn baby as a baby. Do you think she was right?”

“I have not referred to the case, I am pro-life,” McCarthy said. “So, I don’t know exactly what you’re referring to, but I would always take the life of a child. If that answers your question, without knowing what you’ve asked, then yes.”

U.S. Solicitor General Elizabeth Prelogar. (DOJ)
U.S. Solicitor General Elizabeth Prelogar. (DOJ)

On December 1, 2021, at the U.S. Supreme Court, President Joe Biden’s solicitor general, Elizabeth Prelogar, said to Justice Clarence Thomas that this right to abortion is “so fundamental.”

She added, "The right is grounded in the liberty component of the Fourteenth Amendment, Justice Thomas, "but I think it promotes interest in autonomy, bodily integrity, liberty, and equality. And I do think that it is specifically the right to abortion here, the right of a woman to be able to control, without the state forcing her to continue a pregnancy, whether to carry that baby to term."

Justice Thomas then asked for clarification, to be more specific about the right that was being argued. “I understand we’re talking about abortion here,” he stated. “What specifically is the right we’re talking about?”

Justices of the U.S. Supreme Court.  (supreme.gov)
Justices of the U.S. Supreme Court. (supreme.gov)

Prelogar told the justice, “It’s the right of a woman prior to viability to control whether to continue with the pregnancy, yes.”

The Dobbs v, Jackson Women’s Health Organization case deals with a Mississippi law that bans nearly all abortions in the state after 15 weeks of pregnancy.  Under Roe v. Wade, states may restrict abortions after 24 weeks, which is considered the age of viability.

Pro-life supporters are hoping that through this case the Mississippi law will be upheld, which would upend Roe v Wade and Planned Parenthood v Casey, and essentially return abortion law back to the states.

The high court is expected to issue its ruling in June.

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