Scalia On Judges Judging Morals

[elwoodblues]

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There is nothing in the constitution about a fetus's status

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Sure there is. When the Constitution talks about Censuses it deals with counting people --- we can look see that the original censuses did not count pregnant women twice, thus it is clear that the original intent was the fetuses were not people.

The 14th Amendment says talks about people "born or naturalized in the United States" having certain rights. Had the framers intended rights to befall fetuses they would have included unborn here --- rather, they specifically omitted unborn.