If the Supreme Court overturns Roe v. Wade, it will be an enormous achievement — and a necessary first step toward obtaining justice for vulnerable unborn members of the human family. But when blue states proceed to enact legislation to permit abortion to the very point of birth, it will be the duty of Congress to enforce constitutional rights for the unborn through federal legislation.
As Justice Samuel A. Alito’s Jr.’s leaked draft opinion in Dobbs v. Jackson Women’s Health Organization shows, the Constitution confers no right to abortion. Its 14th Amendment, however, entitles unborn children to the protection, indeed the equal protection, of the laws. States that fail to protect the rights of the unborn violate this guarantee.
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