A Few Words About Abortion
by Andrew P. Napolitano
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Roe vs. Wade also permits the states to prohibit or to allow abortions during the last three months of pregnancy. Most states prohibit all abortions during the final three months, as this is the period of viability; when the baby can live – assisted, of course – outside the mother’s womb. New Jersey, my home state, is the exception, as it permits abortions up to the moment of birth.
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Did you catch that? The Supreme Court declared that the baby in the womb is not a person. When it made that declaration, it rejected dozens of decisions of other courts, in America and in Great Britain, holding that the baby in the womb is a person. This is reminiscent of the Supreme Court’s infamous Dred Scott decision in 1857 in which it ruled that blacks were not persons. In both cases, it cited no precedent, it gave no rational basis, and in Roe vs. Wade, it merely said that because philosophers, physicians and lawyers could not agree on whether babies in wombs are persons, it would declare them not to be persons.
If the baby in the womb is a person, then all abortion is unlawful. That’s because of the constitutional protection for all persons. The Constitution unambiguously prohibits the government from impairing or permitting others to impair the life, liberty and property of persons without due process. Here’s my political beef with so-called pro-life politicians in both parties. In the years in which the pro-life Ronald Reagan and both Presidents Bush were in the White House, from time to time, both chambers of Congress had pro-life majorities. Did you see any legislation passed that declared a baby in the womb to be a person? No. This could have been done by a simple majority vote and presidential signature, and Roe vs. Wade, and all the killing it spawned, would have ended.
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So secret that I like Napolitano and how direct he is.
“Right to Life” is enshrined in the Constitution.
Now, I’m not for putting the Gooferment in charge of anything. But, one of its few legitimate duties is to protect rights.
If we say that if life begins at <insert conception, first trimester, viable on their own, birth, or some other point in time>, then we should have a national discussion.
To do less is a disgrace.
The interesting part is that like Dred Scott, the courts are not the proper venue for decisions like this.
Congress has abdicated so many of its powers and responsibility.
If the Gooferment can allow its citizens to be killed at the beginning of life, then how long before it starts killing at the end? Then, the middle. Then, for whatever reason it wants.
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