In the event that Roe v. Wade is overturned this summer, pro-life legislators must act to protect human life in the womb. They should introduce legislation to recognize the personhood of the unborn, strip the ability of federal courts to hear challenges to this recognition, create a private right of action to help enforce anti-abortion policy, and use the taxing power to cripple the abortion industry.
Americans need not accept an interminable status quo of indifference toward the rights of the child, due either to the timidity of our political elite or to the presumption of our judiciary class. The ‘Lincoln Proposal’ offers pro-life presidents the clearest way to confront Roe v. Wade’s jurisprudence of violence and doubt and to protect the constitutional rights of preborn persons.
Two Yale law professors say religious liberty should not be accommodated in “complicity” cases such as Masterpiece Cakeshop and Arlene’s Flowers. Their argument fails to recognize that such accommodations are a traditional and necessary part of the American legal framework.
Justice Antonin Scalia, an originalist, famously held that the Constitution neither permits nor prohibits abortion. On the contrary, unborn babies are “persons” within the original public meaning of the Fourteenth Amendment, and they are consequently owed due process and equal protection on constitutional grounds.
There comes a time where gross disregard for human life and for our constitutional order should stir us from docile obedience and impel us to resistance.
Since understanding political life is essential to understanding human nature, and revealing human nature is the mark of a masterful poet, great poetry like that of Shakespeare necessarily reflects political principles.