Dave Leach

How States can Outlaw Abortion in a Way that Survives Courts Dave Leach

An irrefutable legal argument, that court-recognized fact finders have unanimously established, already, what Roe said would "of course" end legal abortion, attached to any law against abortion, can get it through courts, with the help of the right political pressure. The legal argument doesn't need to wait for MORE scientific evidence of "when life begins" from another world class geneticist or doctor. (Although an updated overview of the evidence would probably be part of a court challenge to criminalizing abortion.) Thousands of expert witnesses in tens of thousands of abortion prevention trials have already established the fact that all unborn babies are humans/persons and they were never challenged. Never contested. Nor must babies wait for yet another Personhood law; 38 states and Congress already have them, as part of their "unborn victims of violence" laws. No American legal authority has ever found that "life begins" any later. Prolifers don't need to wait for laws to specify that babies are "persons" instead of being merely humans, as if the murder of mere humans is not serious enough to demand court action. Roe equates the two anyway. Nor must anyone wait for a Constitutional Amendment declaring that murdering your baby is not a fundamental right. Legally recognized factual evidence is actually stronger in court than an Amendment, and the evidence is unrefuted and irrefutable. Roe didn't rule that unborn babies are not "persons" as a matter of law, which makes the fact that they are humans/persons, so that killing them is murder, irrelevant. Dozens of appellate courts said Roe said that, but that is absurd, erroneous, and is fortunately the opposite of what Roe said. If the fact that we are people could be made irrelevant because "as a matter of law" a court is "in no position to speculate" whether we are people "within the language and meaning of the 14th Amendment", slavery would still be legal. The Constitution protects those who are IN FACT people. Roe also makes abortion's legality subject to whether babies are in fact humans. It is whether the unborn are "persons" as a matter of law, that is irrelevant.