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  • Savannah Pointer

Harvard Journal Protecting The Unborn?


An article published in the “Harvard Journal of Law and Public Policy” written by Harvard law student Josh Craddock cited the Constitution, saying that the. unborn have the same rights and protections as other Americans.




Craddock pointed to the Fourteenth Amendment in his article, saying that his premise is supported by the states that have criminlized abortion:

By the time of the Fourteenth Amendment’s adoption, “nearly every state had criminal legislation proscribing abortion,” and most of these statutes were classified among “offenses against the person.” The original public meaning of the term “person” thus incontestably included prenatal life. Indeed, “there can be no doubt whatsoever that the word ‘person’ referred to the fetus.” In twenty‐three states and six territories, laws referred to the preborn individual as a “child.” Is it reasonable to presume that these legislatures would have used this terminology if “they had not considered the fetus to be a ‘person’”?The adoption of strict anti‐abortion measures in the mid‐nineteenth century was the natural development of a long common‐law history proscribing abortion. Beginning in the mid‐thirteenth century, the common law codified abortion as homicide as soon as the child came to life (animation) and appeared recognizably human (formation), which occurred approximately 40 days after fertilization. Lord Coke later cited the “formed and animated standard,” rearticulating it as “quick with childe.”
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