Josh Craddock, writing in the student-run Harvard Journal of Law and Public Policy, asserts that the unborn are “persons” entitled to the Fourteenth Amendment’s equal protection clause. Therefore, he contends that Roe v. Wade must be overturned.
“Just as ‘freedom of speech’ protects movies and internet communication under an originalist interpretation even though those technologies did not exist at the time of the First Amendment’s adoption,” writes Craddock, “‘person’ protects every member of the human species, regardless of whether individuals were recognized as members of the human family at the time of the Fourteenth Amendment’s adoption.”
But he also makes the point that, at the time of the amendment’s adoption, “states widely recognized children in utero as ‘persons.’”
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