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Tuesday, June 14, 2005

Hoisting Roe on Its Own Pitard

I received yesterday a fundraising letter from Sen. Jim DeMint on behalf of the National Pro-Life Alliance. In February, Rep. Duncan Hunter submitted the Life at Conception Act, which would leverage the admissions by the Supreme Court in Roe v. Wade per the NPLA's website:

"We need not resolve the difficult question of when life begins. . . the judiciary at this point in the development of man's knowledge, is not in a position to speculate as to the answer." ...

"If this suggestion of personhood is established, the appellant's case [i.e. "Roe" who sought the abortion], of course, collapses, for the fetus' right to life is then guaranteed by the [14th] Amendment."
I see a certain democratic elegance to this approach. However, were this to become law, I suspect that the question of abortion would eventually be returned to the states, which is where police powers questions ought to be determined anyway, per the Constitution. My check goes out in the morning.

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