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To: shhrubbery!

I believe you are correct. The 14th has already been applied to illegal aliens (they are not citizens, but they are people), which is why you cannot deny them public schools, etc. If the SCOTUS ruled the 14th applied to the unborn, then abortion would be banned completely.

Don’t hold your breath. Although it is probably likelier than getting a Pro-Life amendment approved by the states...


293 posted on 11/04/2007 5:17:33 PM PST by Mr Rogers (I'm agnostic on evolution, but sit ups are from Hell!)
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To: Mr Rogers
If the SCOTUS ruled the 14th applied to the unborn, then abortion would be banned completely.

Maybe not "completely" ? The 14th Amendment grants equal protection, but I don't think that's not absolute protection.

E.g. if it came to a mother's life vs. the child's life (an extremely rare situation with modern medicine), abortion would still continue to be legal in that circumstance.

Also I should correct my earlier post. On second look I think it's the "equal protection" clause that should be understood to protect the unborn (not the "nor shall any State deprive any person of life, liberty, or property, without due process of law" clause -- since it isn't "the State" taking the child's life).

Text of Section 1 of 14th Amendment:

Section 1. 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.

332 posted on 11/04/2007 5:40:04 PM PST by shhrubbery! (Max Boot: Joe Wilson has sold more whoppers than Burger King)
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