Entries by David Fowler

Challenging Roe v. Wade with the Constitution

Last week the Tennessee Senate’s Judiciary Committee heard two days of testimony regarding a proposed amendment to a “heartbeat” bill. The amendment would directly challenge the United States Supreme Court’s 14th Amendment abortion jurisprudence that denies any rights to the unborn child by banning abortion after life in the womb is detected. But the amendment […]

The Elephant in the (Abortion Hearing) Room

The Senate Judiciary Committee’s two-day hearings were the best and most significant hearings I’ve been part of in my more than twenty-five years in state politics. Many statements from pro-life and pro-choice witnesses against the bill deserve comment, because, to the constitutionally untrained ear, they seemed to score great points against the legislation. But all […]

Taking on the Abortion Giant

Next week the Tennessee Senate’s Judiciary Committee will hear testimony on a “fetal heartbeat” bill. The focus will be the bill’s constitutionality. Under the precedent of Roe v. Wade, the answer is clearly no. But Roe’s constitutional reasoning has been sharply criticized from the beginning by liberal and conservative lawyers. Surprisingly, in 46 years, no […]