Catholic Physician Blasts Sotomayor for ‘Dead Brain People’ Comment About Fetal Pain

“This case is before the Supreme Court today in large part because Americans have seen the evolving science and increasingly want a voice in a question of great moral consequence."

“Virtually every state defines a brain death as death. Yet, the literature is filled with episodes of people who are completely and utterly brain dead responding to stimuli,” Sotomayor said.
“Virtually every state defines a brain death as death. Yet, the literature is filled with episodes of people who are completely and utterly brain dead responding to stimuli,” Sotomayor said. (photo: GagliardiPhotography / Shutterstock)

WASHINGTON — U.S. Supreme Court Justice Sonia Sotomayor drew criticism from an accomplished physician and EWTN radio host for comments that appeared to draw a comparison between an unborn child and a corpse, suggesting that fetal movements recoiling from pain can be likened to reflexes in dead bodies.

The comments came as Sotomayor attempted to create question marks within the larger argument for the humanity of unborn babies during the oral arguments Dec. 1 in Dobbs v. Jackson Women’s Health Organization, a potentially landmark abortion case that could overturn Roe v. Wade

“To compare an unborn child to a brain-dead person or a corpse flouts science which tells us that at 15 weeks gestation, a baby's organs are fully formed, her heart pumps 26 quarts of blood a day, and her lungs are already practicing drawing breath,” said Dr. Grazie Pozo Christie, M.D., a radiology specialist with more than 20 years of experience. 

Sonia Sotomayor. Public domain.

Sonia Sotomayor. Public domain.

Sotomayor’s comments came on the heels of Mississippi Solicitor General Scott G. Stewart’s argument that advances in medical science over the past 30 years have helped Americans grow in “knowledge and concern” about whether the unborn child is “fully human,” which are based in part on increased knowledge of the pain experienced by fetuses in the womb.

“Virtually every state defines a brain death as death. Yet, the literature is filled with episodes of people who are completely and utterly brain dead responding to stimuli,” Sotomayor said.

“There‘s about 40% 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,” the justice said.

Dr. Christie, co-author of a science-based amicus brief presented to the Supreme Court in the Dobbs case, criticized the Supreme Court justice for her assertions, calling them “wholly ignorant of the tremendous scientific advances in fetal medicine.” 

“As recently as last year, doctors in the Journal of Medical Ethics wrote, ‘Current neuroscientific evidence supports the possibility of fetal pain before the ’consensus‘ cutoff of 24 weeks’ and may be as early as 12 weeks,” Dr. Christie said.

“Not only does medicine agree that fetal anesthesia be administered for fetal surgery, a clear reflection of the medical consensus that unborn babies can feel pain, but like viability, the line marking when they feel pain continues to inch earlier,” Dr. Christie added.

Christie emphasized that the medical awareness of the humanity of the unborn child has made its way to ordinary citizens, and not just doctors. 

“This case is before the Supreme Court today in large part because Americans have seen the evolving science and increasingly want a voice in a question of great moral consequence,” she said. 

Several pro-life organizations have extensive scientific information regarding the humanity of the unborn child, including the Charlotte Lozier Institute.

The Gateway Arch in St. Louis, Missouri, and the Mississippi River are seen from East St. Louis, Illinois, on June 27. Following the Supreme Court’s Dobbs decision on June 24, abortion is now banned in Missouri. The nearest clinics to St. Louis are across the river in Illinois, including a Planned Parenthood in Fairview Heights that was opened in 2019 in anticipation of the overturn of Roe v. Wade.

Welcome to Post-Roe America

Every year on the anniversary of Dobbs, Catholics will be able to deepen their understanding of God’s role in the conception of every child, his care for the child’s growth, his knowing each by name, and the future for which he has given each child life.

The Gateway Arch in St. Louis, Missouri, and the Mississippi River are seen from East St. Louis, Illinois, on June 27. Following the Supreme Court’s Dobbs decision on June 24, abortion is now banned in Missouri. The nearest clinics to St. Louis are across the river in Illinois, including a Planned Parenthood in Fairview Heights that was opened in 2019 in anticipation of the overturn of Roe v. Wade.

Welcome to Post-Roe America

Every year on the anniversary of Dobbs, Catholics will be able to deepen their understanding of God’s role in the conception of every child, his care for the child’s growth, his knowing each by name, and the future for which he has given each child life.