The Fifth Column cover image

365 w/ David French "People with Capacities, Roe Reconsidered, Malignant Forces"

The Fifth Column

CHAPTER

Why Is There an Argument for a Quickening Right in Abortion Law?

At the time of drafting the bill of rights, im you had, i think, a plurality of the states im allowed for abortioning up to the quickening right. And so if this was understood as a thing that's pretty common throughout the colonies, and then you had the ninth and tenth of the ninth amendment, sang ha on enumerated rihts, it's pretty easy to make that argument. David: Substantive due process argument is more concrete ways of protecting unenumerated rights than this thing called substantive due process. So i agree that is a tronger argument.

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