POSITRACTION: When does life begin?

2019-Sep-01

https://www.liveaction.org/news/landmark-harvard-essay-preborn-child-constitutional-person?sfns=mo

Article in Harvard Law Journal concludes: The preborn child is a constitutional person
By Calvin Freiburger | June 1, 2017 , 02:42pm

*** begin quote ***

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.

*** end quote ***

Seems like a simple question?

Yet, why do “we” have such a hard time answering it?

Is it another “inconvenient truth”?

# – # – # – # – #

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.