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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 was based on the power of states under the Ninth Amendment to make more secure the “other rights” not enumerated in Constitution.

The testimony was clear and un-rebutted—those other rights are our common law rights, and at common law, the right to life, even in the mother’s womb, was absolute unless forfeited by a due process of law.

This new legal theory creating a conflict between the Ninth and 14 Amendments could provide the challenge that overturns Roe v. Wade.


The FACT Report, featured on several conservative radio stations, is a weekly one-minute audio commentary about a political or cultural issue affecting Tennesseans.

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1 reply
  1. Jon Cranor
    Jon Cranor says:

    Strange how so many people cherish the products of natural selection, yet abhor its process calling it horrible, immoral, and an idea worthy of legal persecution.

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