Article in Harvard Law Journal concludes: The preborn child is a constitutional person
By Calvin Freiburger | June 1, 2017 , 02:42pm
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Pro-lifers and honest pro-abortion legal scholars agree that Roe v. Wade was wrongly decided. But just how wrong is it? Is it bad law solely because it declares a right to something the Constitution is silent about, or does its judicial malpractice run deeper?
I have long argued that legal abortion violates not only the spirit of the Constitution, but the text itself – specifically, that the Fourteenth Amendment’s guaranteed equal protection of all people’s right to life has always applied to the preborn. Now, The Stream reports that the “Harvard Journal of Law and Public Policy” has published an article written by Harvard law student (and former Live Action contributor) Josh Craddock that lays out the case in perhaps the most depth it’s ever received.
The first key point of Craddock’s work, critiquing the late, great Justice Antonin Scalia from the right, is an audacious undertaking, but here it’s warranted. You see, while Scalia was a committed originalist and clear opponent of Roe, he was also of the opinion that the Constitution is neutral toward abortion – that its use of the word “persons” “clearly means walking-around persons,” and therefore, states should be left free to set whatever abortion laws they want. Craddock notes several other pro-life judicial originalists who hold (or held) this view, though Scalia is the most recent and most revered modernly.
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Seems like a simple question?
Yet, why do “we” have such a hard time answering it?
Is it another “inconvenient truth”?
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