Commentary: The Case for the Unconstitutionality of Abortion

In the April issue of the conservative journal First Things, the esteemed natural law philosopher John Finnis wrote an essay titled “Abortion Is Unconstitutional.” Finnis’ basic argument was that the traditional conservative or originalist stance on abortion and the Supreme Court’s infamous 1973 Roe v. Wade decision—namely, that the Constitution is “silent” on the matter and that it is properly an issue for states to decide among themselves—is both morally insufficient and legally dubious.

According to Finnis, unborn children are properly understood as “persons” under the 14th Amendment’s equal protection clause, and state-level homicide laws, therefore, cannot discriminate by protecting live people but not unborn people. The upshot under this logic is that overturning Roe and its 1992 successor, Planned Parenthood v. Casey, would not merely return abortion regulation to the ambits of the various states, as earlier conservative legal titans such as the late Justice Antonin Scalia long argued. Rather, it would mandate banning the bloody practice nationwide.

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The Constitutional Government Defense Fund and Family Action Council of Tennessee File Amicus Brief Asking Supreme Court to Overturn Roe v. Wade

The Constitutional Government Defense Fund (CGDF) joined 22 other state family policy organizations, including The Family Action Council of Tennessee, and filed an amicus brief to ask the Supreme Court to overturn Roe v Wade.

The amicus brief follows the State of Mississippi petitioning the court to overturn Roe v. Wade when it hears arguments in the case determining the fate of Mississippi law that prevented abortions after 15 weeks of pregnancy.

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Federal Judge Reinstates 48-Hour Waiting Period for Tennessee Abortions While Appeal Underway

pregnancy test

Tennessee’s 48-hour waiting period law for abortions was restored temporarily as the state makes its appeal. The decision was made on Friday by U.S. District Court Judge Bernard Friedman. He vacated his prior opinion while the state makes an appeal.

In response, Tennessee Attorney General Herbert Slatery issued a press release explaining that this decision recognized that Tennessee’s law is “likely constitutional,” and therefore could be enforced.

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Top 10 Reasons Americans Reelect President Donald J. Trump

President Donald J. Trump is on the verge of becoming the 16th man to be elected to the White House twice—but, everyone is telling you he is going to lose. Here are the Top 10 reasons why the polls are wrong and Trump gets four more years as the commander-in-chief.…

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Federal Judge Abolishes Tennessee Law Requiring Waiting Period Prior to Abortion

A federal judge ruled a Tennessee law requiring women to wait at least 24 or 48 hours prior to abortion unconstitutional last week. The ruling impacts any aspect of the law that references mandatory waiting periods.

Tennessee Attorney General Herbert Slatery III was named the defendant in the case.

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