The Fourteenth Amendment

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The Fourteenth Amendment

Postby Ken Carson » Sun Oct 07, 2018 5:36 am

Now that Kavanaugh has been confirmed, one of the major questions about him is his position on the 14th Amendment. He has generally been pro-big government in his decisions regarding indefinite detention, etc, (Bush WH alum). Additionally, he is seen by many as the vote that will overturn Roe v Wade, which hinges on the way the court interpreted the Fourteenth Amendment’s Due Process Clause. The Court held (7-2) that the clause “not shall any State deprive any person of life, liberty or property, without due process of law...” protected the right to abort.

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.

Put simply, if a challenge to Roe reaches the SCOTUS, do you think the 14th Amendment precedent will stand up to scrutiny?
Ken Carson
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Re: The Fourteenth Amendment

Postby Zarniwoop » Sun Oct 07, 2018 7:45 am

I don’t think there will be a challenge to it.

As to the 14th ammendment justification ... I don’t buy it whatsoever. If the 14th ammendment justifies aborting a fetus after 4 weeks it surely would apply after 32 weeks as well.
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