Pro-Aborts are WRONG: Roe is ANTI-CONSTITUTIONAL
“[N]or shall any State deprive any person of life, liberty, or property, without due process of law.” —14th Amendment to the US Constitution
A draft opinion of the US Supreme Court indicating abortion-legalizing Roe v. Wade will be struck down has been leaked. Leftists promptly began a fit of hysteria, rage, and even calls for violence. Because there’s nothing worse than threatening a woman’s ability to rip apart her unborn baby and suck it out of the womb with a vacuum, you know. One argument that I have seen made multiple times is that attacking Roe is attacking the US Constitution. The argument could not be more wrong, and I want to look at a few Democrat claims and then explain why Roe v. Wade is in fact anti-constitutional.
House Speaker Nancy Pelosi, who has made a career off violating the Constitution, and recently supported freedom-killing Covid measures, suddenly discovered a love for the Constitution and freedom:
Sen. Elizabeth Warren essentially made the argument that Roe is a key part of the Constitution:
There are many other comments like this, but you get the idea. The argument is that Roe v. Wade is not only constitutional, it is a key part of the Constitution, without which all other freedoms are in jeopardy. Roe’s supposed constitutionality is allegedly based in the 14th Amendment. The claim is based on the part of the Amendment, Section 1, which says: “nor shall any State deprive any person of life, liberty, or property, without due process of law.” The “due process” clause, along with the clause guaranteeing “the equal protection of the laws,” is then applied to the so-called “right to privacy,” which is then interpreted to mean that women have a right to abort their babies. If you’re thinking that’s a legal and logical stretch, you are right. Besides the obvious leaps in logic, there’s another problem—there is no “right to privacy” in the Constitution. It was made up long after the 14th Amendment (which was ratified at a time when abortion was widely banned or penalized in America) became part of the Constitution in 1868.
What is incredibly ironic, however, is that the 14th Amendment very specifically protects the right to life—and therefore is directly opposed to abortion. In fact, it’s the very sentence that is supposed to support Roe that actually undermines it (emphasis added):
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; 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.”
I’m sorry, but abortion does NOT count as “due process of law.” Totally innocent unborn children cannot possibly be tried and convicted of anything in a court of law. Such a thought would never have occurred to those who wrote and ratified the 14th Amendment—which was intended to protect civil rights post-Civil War.
I’m not the only person to note that Roe was unconstitutional, either. Here is Rush Limbaugh’s brother, lawyer David Limbaugh:
As usual, leftists are lying through their teeth. But explicitly violating the Constitution while claiming to protect or respect it is a long Democrat tradition stretching back to Andrew Jackson, Roger Taney, and beyond. Don’t buy the lies. Roe v. Wade is not only morally evil, it is ANTI-CONSTITUTIONAL.