Opening Arguments cover image

OA9: Abortion, Roe v. Wade, and the Constitution, Part 1

Opening Arguments

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Is There Support in the Law for the View That a Fetus Is a Person for Purposes of the 14th Amendment?

I want to conclude part one with sort of answering that first half of Tyler Vailas question, which is to say, is there support in the law for the argument that a fetus is a person for purposes of the 14th amendment? And I think that is not a defensible legal argument. There was definitely no intent, regardless of your view of how we ascertain constitutional rights. So I can find no support for that argument in Roe v. Wade. It may be a defensible philosophical argument, but it's clearly not a defailable legal argument.

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