The author of Roe v Wade, Justice Harry Blackmun, never declared that abortion itself was a constitutional right. What he said was,
“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.”
Much has changed since 1973 when Justice Blackmun wrote those words.
The ultrasound and other scientific innovations now let us look at the unborn down to the cellular level to reveal that human life begins at the instant of fertilization in a flash of light. In other words, science has finally caught up with theology. Blackmun acknowledged how critical this information is:
“If this suggestion of personhood is established, the appellant’s case [that is “Roe” who sought an abortion], of course, collapses, for the fetus’ right to life is then guaranteed specifically by the [14th] Amendment.”
The 14th Amendment spells it out with crystal clarity:
“… 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 law.”
And then the 14th Amendment adds this zinger:
“Congress shall have power to enforce, by appropriate legislation, the provision of the article.”
Congress has just acted.
Twenty-one members of Congress have just filed House Resolution 464 which honors the intent and legacy of the 14th Amendment:
“Acknowledging that unborn children are legal and constitutional persons who are entitled to the equal protection of the laws.”
Clearly, this resolution faces stumbling blocks since the abortion party controls the Senate and Presidency. But that can, and likely WILL change, in a single election cycle.
This resolution simplifies the entire abortion debate by distilling it down to its essence: human life logically, scientifically, and theologically begins at the instant of fertilization.
It compels the other side to prove otherwise, but they can’t.
The resolution is worth reading in its entirety, and here’s the link. But to give you a feel for its power, the second sentence alone gives one chills:
“Whereas the Declaration of Independence declares it to be a self-evident truth that “all men are created equal, that they are endowed by their Creator with certain unalienable Rights,” beginning with the right to life, and that the primary purpose of all government is to defend that supreme right; …”
On the Senate side, Senator Rand Paul introduced a comparable piece of legislation called The Life at Conception Act of 2021. An excerpt:
(1) HUMAN PERSON; HUMAN BEING.—The terms “human person” and “human being” include each member of the species homo sapiens at all stages of life, including the moment of fertilization or cloning, or other moment at which an individual member of the human species comes into being.
Human abortion ends in the United States with a law that simply defines the terms of the human person. As Justice Samuel Alito wrote in the Dobbs decision which overturned Roe,
“no language in today’s decision stops the Federal Government from prohibiting abortions nationwide, once again from the moment of conception…”
That’s what House Resolution 464 does. It would at last “vindicate the right of unborn children to the enjoyment of the equal protection of the laws in every State and Federal territory.”
You’ll note that no Iowa Representatives are listed as sponsors. Contact them and encourage them to support this bill. Here is their contact info:
1440 Longworth House Office Building
1429 Longworth House Office Building
1716 Longworth House Office Building
1232 Longworth House Office Building