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Overruling Roe V. Wade: An Analysis Of The Proposed Constitutional Amendments, Charles E. Rice
Overruling Roe V. Wade: An Analysis Of The Proposed Constitutional Amendments, Charles E. Rice
Journal Articles
It is not my purpose here to criticize the abortion decisions in detail. Professor Robert M. Byrn has exposed the many specific errors and evasions found in the majority opinions in those cases. As Professor Byrn demonstrates, the Supreme Court's opinions in Wade and Bolton are an intellectual shambles. I will not try to cover the same detailed ground that Professor Byrn did. Rather, after examining the medical evidence which establishes that the unborn child is a human being from the moment of conception, this article will evaluate the propriety of excluding this class of human beings from the protections …
The Dred Scott Case Of The Twentieth Century, Charles E. Rice
The Dred Scott Case Of The Twentieth Century, Charles E. Rice
Journal Articles
In the 1973 abortion cases, the Supreme Court quoted this language from an 1871 report of the Committee on Criminal Abortion of the American Medical Association. The Court, however, did not follow the advice. Instead, the seven man majority held that the child in the womb is not a "person" within the meaning of the fourteenth amendment, which provides, "No State shall . . . deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. The Court refused to call the child in …