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November 26, 2024

Understanding The 14th Amendment and How It Shapes Pro-Life Legislation

 

Despite the vehement arguments from the pro-abortion forces in America, there is no Constitutional right to abortion. Abortion was never written in invisible ink in the Constitution unseen until 1973; it is not hidden there now, tucked away in dark, shadowy corners.   

Abortion zealots will tell you likewise. that our nation’s founders were mystified about whether human life existed in the womb. They insist that those who wrote and affirmed in the Declaration of Independence that all are “endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness” didn’t really mean everyone.  

But the protections for human life are certainly there clear as day in the 14th Amendment and in the Founding Fathers’ writings. With Roe gone, the human rights of all Americans – born and preborn – are anchored again in the 14th Amendment. 

The Constitution speaks for itself and for the rights of the preborn. 

Section Five of the 14th Amendment affirms legal protection for the preborn, and it guarantees that “No state shall deprive any person of life, liberty, or property, without due process of law.” The fifth section gives Congress the power to enforce, “By appropriate legislation, the provisions of this article.”   

TO LEARN MORE ABOUT THE BROADER ARGUMENTS FOR 14th AMENDMENT PROTECTIONS FOR LIFE, READ: A “Right” to Abortion? 

 

This history and contents of the Constitution itself prove that abortion is a federal issue:  

“No state shall deprive any person of life.” The federal government has the right and the obligation to ensure that every state in America, governed by the laws of the Constitution, complies with this. 

SFLAction has done what we can to participate in this fight – even at the state level – by  supporting multiple Life at Conception laws across the country, like HB 1519 in Florida, Arkansas’ SB 6 of 2021 the Unborn Child Protection Act, Oklahoma’s SFLAction-inspired SB 612 and South Carolina’s H 3774, sponsored by Rep. John McCravy, on which HB 533 is based, just to name a few. 

But the federal government has to do more. Congress needs to take up Life at Conception laws, like H.R.1011, the Life at Conception Act introduced by Rep. Alex Mooney. But President-elect Donald Trump and his administration can also do a great dealW. e wrote about some ideas we had on that front, too. 

READ: A Day One Agenda for President Donald Trump: Pro-Life Executive Actions Ready to Roll Out 

 

And while defunding and debarring Planned Parenthood, as the Department of Government Efficiency has hinted at doing, is a great start, it cannot be the end of the story.  

Chemical Abortion Pills, which are mailed from state to state, including into ones where it’s illegal to do so, represent a major problem in the question of federal vs. states’ rights on the issue. More than 60% of all abortions now happen with these lethal pills – it’s significant enough that it demands attention from the U.S. Supreme Court. The below articles outline why. 

READ MORE: President Trump & GOP: Abortion IS Federal. Check Out the Supreme Court’s Decision that Allows Federal Agencies to Force Abortion into States’ Emergency Rooms 

READ: Good News: Chemical Abortion Pills Are Facing a New Legal Challenge and May Come Back to the U.S. Supreme Court 

 

And despite claims that there’s no clear “injury,” The Charlotte Lozier Institute (CLI) has an excellent fact sheet regarding the risks and complications from Chemical Abortion Pills: 

  • Three to seven out of every hundred women who choose chemical abortion early in pregnancy will need follow-up care to finish the abortion, with as many as 7-10% needing follow-up care in the first trimester after 63 days of pregnancy and up to 39% requiring surgery if the regimen is accidentally taken in the second trimester. 
  • As many as 15% of women will experience hemorrhage, and 2% will have an infection. The risk of incomplete abortion and infection increases with increasing gestational age. 
  • Chemical abortion drugs are increasingly likely to send women to the Emergency Room (ER): in a study of the Medicaid population in states that fund abortion for low-income women, the rate of chemical abortion-related emergency room visits increased over 500% between 2002-2015. 
  • Chemical abortions are over 50% more likely than surgical abortions to result in an ER visit within 30 days, with one woman experiencing an abortion-related ER visit for every 20 chemical abortions. 

Does any of that sound like it would be compatible with the spirit and intent of the 14th Amendment? 

Thankfully, America already has laws on the books that would stop this: The Comstock Act, for example, governs how the U.S. Postal Service (USPS) handles the mailing of abortifacients, intended to end a preborn life. The law says that mailing the dangerous pills is not permitted, but the Biden-Harris Administration has long ignored this.  

READ: Democratic Leaders in the U.S. House & Senate Go After the Comstock Act, Fighting to Risk Women’s Lives & the Environment to make it Easy to Sell Chemical Abortion Pills 

 

Just like the great Dr. Seuss once said: a person’s a person, no matter how small. We hope that the next administration keeps that in mind as they settle into governing our great nation for the next four years.  

 

TO LEARN MORE ABOUT OUR PLANS TO ATTACK ABORTION AT THE STATE AND FEDERAL LEVEL IN 2025, READ: Breaking Down Students for Life Action’s Post-Election MAKE AMERICA PRO LIFE AGAIN Roadmap to Keep Fighting the Pro-Abortion Industry: The Fine Print