Judge Andrew Napolitano

If the baby in the womb is a person, then all abortion is unlawful. That's because of the constitutional protection for all persons. The Constitution unambiguously prohibits the government from impairing or permitting others to impair the life, liberty and property of persons without due process. Here's my political beef with so-called pro-life politicians in both parties. In the years in which the pro-life Ronald Reagan and both Presidents Bush were in the White House, from time to time, both chambers of Congress had pro-life majorities. Did you see any legislation passed that declared a baby in the womb to be a person? No. This could have been done by a simple majority vote and presidential signature, and Roe vs. Wade, and all the killing it spawned, would have ended.

How scary is this? The Supreme Court declares a class of humanity not to be persons, and then permits people to destroy the members of the class. That's what happened to blacks during slavery; that was the philosophical argument underlying the Holocaust; that's what is happening to babies in the womb today; and that might become the basis for the government killing persons it hates or fears in the future. It will declare them to be non-persons.

Is the baby in the womb a person? Of course babies in wombs are persons. From the moment of the union of egg and sperm, there is present a fully actualizable human genome; meaning all the genetic material necessary for post-birth existence is there. And the parents of that union are human beings. With human parents and a human genome, what else could a baby in a womb be but a person? If you have any doubt, why not give the benefit of that doubt to life, rather than to death? Unless you prefer death to life and killing to nurturing and misery to joy, I expect you agree.

Since you have been reading this essay, 10 babies have lost their lives, as abortions occur in the U.S. about two and a half times a minute. How long can a society last when we cannot protect the weakest among us, and when we destroy them out of convenience, and when we make that destruction legal? Who will be destroyed next?


Judge Andrew Napolitano

Judge Andrew P. Napolitano is the youngest life-tenured Superior Court judge in the history of the State of New Jersey. He sat on the bench from 1987 to 1995, during which time he presided over 150 jury trials and thousands of motions, sentencings and hearings. He taught constitutional law at Seton Hall Law School for 11 years, and he returned to private practice in 1995. Judge Napolitano began television work in the same year.