Roe at Forty, part 2: The Court’s Two Unwarranted Stipulations

Roe at Forty, part 2: The Court’s Two Unwarranted Stipulations January 18, 2013

Two weeks ago, I published over at The Catholic Thing part 1 of my two part series to commemorate the 40th anniversary of Roe. v. Wade (22 January 2013): “Roe at Forty, part 1: The Court’s Failure to Address the Question of the Unborn’s Moral Status.” Part 2 was published today. Entitled, “Roe at Forty, part 2: The Court’s Two Unwarranted Stipulations,” here’s how it begins:

Not only did Roe v. Wade’s majority opinion fail to address the question of whether the unborn human being is a moral subject  (as I showed earlier in part 1). Its reluctance to engage that question
directly undermined two other arguments central to the Court’s holding:  (1) the argument from the claim that the fetus is protectable under the Fourteenth Amendment if it is in fact a person, and (2) the argument to state interest in prenatal life from fetal viability.

According Justice Harry Blackmun, author of the Court’s opinion, “If the suggestion of personhood [of the unborn] is established, the appellant’s case, of course, collapses, for the fetus’ right to life is then guaranteed specifically by the [Fourteenth Amendment].” That amendment asserts: “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

So, if the defendant in this case – the state of Texas – could have shown that the unborn child is a person under the Fourteenth Amendment, then there would be no right to abortion.

>>>continue reading

"snottnose is a diseased NAMBLA pedo"

A Second Look at First Things: ..."
"Scott Rosenbooger, the pedophile.Bet you have to wear an ankle monitor, Miss Piggy."

A Second Look at First Things: ..."
"Arkes is a notorious anti-gay bigot. The Amherst academic community was ashamed of him being ..."

A Second Look at First Things: ..."
"I'm not sure I can stomach reading there. Academics who don't have to deal with ..."

An important new blog on moral ..."

Browse Our Archives

Follow Us!


TRENDING AT PATHEOS Catholic
What Are Your Thoughts?leave a comment