“Coach” Dave Daubenmire thinks he’s discovered a shiny, magical new argument for outlawing abortion that, if used by attorneys, would be undeniable in court. We’ll just add this to the long list of dumb things he believes. It’s all based on the preamble to the Constitution and his odd interpretation of a particular word.
As Daubenmire sees it, for too long the anti-choice movement has relied on the Declaration of Independence’s “all men are created equal” language to argue that fetuses are endowed by their creator with an inalienable right to life and therefore must be protected. Daubenmire said that the courts have dismissed such arguments on the grounds that the Declaration is not a binding legal document, which is why he is now in favor of using a new argument that is rooted in the preamble to the Constitution.
“Here’s the poison pill,” Daubenmire said. “The preamble is part of the Constitution, which was ratified. ‘We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.’”“Now think about this,” he continued. “What’s posterity? Those who are yet to be born … Right there [it] grants constitutional rights to the unborn. It’s right there. I heard that and, you talk about a mic drop; how have the attorneys in the world missed that?”
They haven’t. It’s just a really stupid argument. They aren’t part of our “posterity” until they’re actually born. By his “reasoning,” fetuses that die from miscarriage are part of our posterity and the government has to secure their rights even though they were never actually born. That’s quite silly. I don’t know if he was a halfway decent football coach, but he’s really bad attorney.