{"id":1073734,"date":"2021-12-01T17:29:31","date_gmt":"2021-12-01T22:29:31","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1073734"},"modified":"2021-12-01T17:29:34","modified_gmt":"2021-12-01T22:29:34","slug":"right-to-abortion-comes-from-fight-against-slavery-cnn-legal-expert","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/right-to-abortion-comes-from-fight-against-slavery-cnn-legal-expert\/","title":{"rendered":"\u2018Right\u2019 To Abortion Comes From Fight Against Slavery: CNN Legal \u2018Expert\u2019"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">22<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fright-to-abortion-comes-from-fight-against-slavery-cnn-legal-expert%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1073734&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>With the U.S. Supreme Court poised to hear oral arguments over a groundbreaking Mississippi law that could overturn <em>Roe v. Wade<\/em>, CNN\u2019s legal expert attempted to link the \u201cright\u201d to abortion to the nation\u2019s arduous battle to abolish slavery.<\/p>\n<p>Kim Wehle began by falsely asserting that Texas \u201cliterally\u201d has \u201cno abortion rights,\u201d thanks to the <a href=\"https:\/\/www.dailywire.com\/news\/the-6-biggest-lies-youve-been-told-about-the-texas-abortion-law\">Texas Heartbeat Law<\/a>, which <a href=\"https:\/\/www.dailywire.com\/news\/media-bias-101-pro-life-restrictions-vs-pro-abortion-protections\">protects unborn children<\/a> from being aborted if a medical professional can detect a <a href=\"https:\/\/www.dailywire.com\/news\/chris-cuomo-suggests-babies-dont-have-a-heartbeat-at-6-weeks-heres-what-science-says\">fetal heartbeat<\/a>. The law does not affect abortion before that time.<\/p>\n<p>\u201c<em>Roe<\/em> was kind of <em>de facto<\/em> overruled in Texas,\u201d said Wehle, who is a CNN legal contributor, a university law professor, and a frequent author at <a href=\"https:\/\/www.thebulwark.com\/author\/kimwehle\/\">The Bulwark<\/a>. \u201cThat\u2019s what makes\u201d Wednesday\u2019s arguments over <em>Dobbs v. Jackson Women\u2019s Health Organization<\/em> \u201cso dangerous. There are approximately 26 states that are poised to ban abortion if <em>Roe<\/em> gets overturned.\u201d<\/p>\n<p>Wehle then turned to the legal basis on which the Supreme Court created the \u201cright\u201d to abortion in the 1973 landmark case, telling CNN host Don Lemon that it came \u201cfrom the Fourteenth Amendment [of] the United States Constitution. That\u2019s a post-Civil War, anti-slavery amendment. It\u2019s about obliterating the brutalities of enslaving people, where half of enslaved people that moved through interstate were separated from spouses, were separated from parents. Of course, they were brutalized physically.\u201d<\/p>\n<p>The link between the right to abort a child and slavery, which treated human beings as objects who could be killed at their owner\u2019s convenience, is not readily apparent.<\/p>\n<p>The authors of the Fourteenth Amendment, which was <a href=\"https:\/\/www.senate.gov\/artandhistory\/history\/common\/generic\/14thAmendment.htm\">written in 1866<\/a> and adopted in 1868, gave no indication that they intended their amendment to confer an unalienable right to abortion. The Thirteenth, Fourteenth, and Fifteenth Amendments \u2014 known as the Reconstruction Amendments \u2014 aimed to free American slaves, abolish the institution of slavery, and grant formerly enslaved people full U.S. citizenship.<\/p>\n<p>Abortion was <a href=\"https:\/\/studentsforlife.org\/med-law\/legalities-of-abortion\/\">illegal<\/a> in much of the United States in the nineteenth century and remained so after the adoption of the Fourteenth Amendment.<\/p>\n<p>Pro-life advocates have long said that the <a href=\"https:\/\/constitutioncenter.org\/interactive-constitution\/amendment\/amendment-xiv\">Fourteenth Amendment<\/a> legally <a href=\"https:\/\/www.nationalreview.com\/corner\/abortion-and-14th-amendment-michael-j-new\/\">forbids<\/a> the taking of human life in the womb. The amendment does not allow \u201cany State [to] 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.\u201d<\/p>\n<p>The <em><a href=\"https:\/\/caselaw.findlaw.com\/us-supreme-court\/410\/113.html\">Roe v. Wade ruling<\/a><\/em> agreed with this legal reasoning, noting that abortion cannot be considered constitutional if someone confers the status of \u201c<a href=\"https:\/\/therightswriter.com\/2014\/09\/ronald-reagan-spoke-about-fetal-pain-and-personhood\/\">personhood<\/a>\u201d on the unborn. \u201cIf this suggestion of personhood is established, the appellant\u2019s case, of course, collapses,&nbsp;for the fetus\u2019 right to life would then be guaranteed specifically by the [Fourteenth] Amendment,\u201d Supreme Court Justice Harry Blackmun wrote in the decision.<\/p>\n<p>Instead, Blackmun and his fellow justices built on the 1965 <em>Griswold v. Connecticut<\/em>&nbsp;<a href=\"https:\/\/supreme.justia.com\/cases\/federal\/us\/381\/479\/#tab-opinion-1945663\">ruling<\/a>, which asserted that the Constitution had a multitude of unwritten \u201crights\u201d waiting to be discovered. \u201cThe Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance,\u201d the case held. For the first time in Supreme Court history,&nbsp;the 1973 <em>Roe v. Wade <\/em>ruling<em>&nbsp;<\/em><a href=\"https:\/\/supreme.justia.com\/cases\/federal\/us\/410\/113\/#tab-opinion-1950137\">claimed<\/a>&nbsp;that the ability to procure an abortion fell under the newly discovered \u201cright\u201d to \u201csexual privacy,\u201d which is \u201csaid to be protected by the Bill of Rights or its penumbra.\u201d<\/p>\n<p>The idea that the Supreme Court should restrict its jurisprudence to \u201cenumerated things in the Constitution,\u201d such as the document\u2019s actual text, is \u201creally scary,\u201d Wehle told Don Lemon.<\/p>\n<p>But many jurists say the court has politicized itself by artificing dubious legal rulings to affect policy on contentious social issues. \u201cThe major problem with\u202f<em>Roe<\/em>\u202ffrom a constitutional perspective is that the court took something that appears nowhere in that document \u2013 and which therefore is left to the states \u2013 and promoted it to a fundamental right.\u202fNothing in the Constitution\u2019s text, structure, history or tradition supports this innovation. The court\u2019s exercise of raw judicial power thus usurped Americans\u2019 ability to determine whether and how to regulate abortion,\u201d wrote &nbsp;Carrie Severino, president of the <a href=\"https:\/\/judicialnetwork.com\/\">Judicial Crisis Network<\/a>, in a statement. \u201cWhen the court exercises that sort of judicial supremacy, the justices transform themselves into political figures \u2013 the most important and dangerous political figures in the nation.\u201d<\/p>\n<p>Others note that the Democratic Party, whose 2020 platform calls for taxpayer-funded abortion through all nine months of pregnancy, ardently supported slavery and segregation in the 1860s. \u201cToday\u2019s party of unlimited abortion was also the party of slavery, the KKK, Jim Crow, and voter suppression,\u201d <a href=\"https:\/\/www.theradiancefoundation.org\/\">The Radiance Foundation<\/a>\u2019s chief creative officer, Ryan Bomberger, <a href=\"https:\/\/www.dailywire.com\/news\/4-lies-the-media-is-telling-about-abortion-and-pro-life-americans\">told me<\/a> earlier this year. \u201cSadly, the Democratic Party still doesn\u2019t see us as being created equal and continues to divide us by the color of our skin.\u201d<\/p>\n<p><em>Bona fide <\/em><a href=\"https:\/\/dailycaller.com\/2014\/03\/04\/if-pro-lifers-are-racist-how-come-so-many-racists-support-population-control-and-abortion\/\">white nationalists endorse abortion-on-demand<\/a>, which disproportionately reduces the birthrate of minorities. A total of&nbsp;<a href=\"https:\/\/www.cdc.gov\/mmwr\/volumes\/69\/ss\/ss6907a1.htm\">117,626<\/a>&nbsp;black babies were aborted in 2018, according to the CDC\u2019s most recent abortion surveillance.<\/p>\n<p><em>The views expressed in this piece are the author\u2019s own and<\/p>\n<p><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"<p>With the U.S. Supreme Court poised to hear oral arguments over a groundbreaking Mississippi law that could overturn Roe v. Wade, CNN\u2019s legal expert attempted to link the \u201cright\u201d to abortion to the nation\u2019s arduous battle to abolish slavery.Kim Wehle began by falsely asserting that Texas \u201cliterally\u201d has \u201cno abortion rights,\u201d thanks to the Texas Heartbeat Law, which protects unborn children from being aborted if a medical professional can detect a fetal heartbeat. The law does not affect abortion before that time.\u201cRoe was kind of de facto overruled in Texas,\u201d said Wehle, who is a CNN legal contributor, a university law professor, and a frequent author at The Bulwark. \u201cThat\u2019s what makes\u201d Wednesday\u2019s arguments over Dobbs v. Jackson Women\u2019s Health Organization \u201cso dangerous. There are approximately 26 states that are poised to ban abortion if Roe gets overturned.\u201dWehle then turned to the legal basis on which the Supreme Court created the \u201cright\u201d to abortion in the 1973 landmark case, telling CNN host Don Lemon that it came \u201cfrom the Fourteenth Amendment [of] the United States Constitution. That\u2019s a post-Civil War, anti-slavery amendment. It\u2019s about obliterating the brutalities of enslaving people, where half of enslaved people that moved through interstate were separated from spouses, were separated from parents. Of course, they were brutalized physically.\u201dThe link between the right to abort a child and slavery, which treated human beings as objects who could be killed at their owner\u2019s convenience, is not readily apparent.The authors of the Fourteenth Amendment, which was written in 1866 and adopted in 1868, gave no indication that they intended their amendment to confer an unalienable right to abortion. The Thirteenth, Fourteenth, and Fifteenth Amendments \u2014 known as the Reconstruction Amendments \u2014 aimed to free American slaves, abolish the institution of slavery, and grant formerly enslaved people full U.S. citizenship.Abortion was illegal in much of the United States in the nineteenth century and remained so after the adoption of the Fourteenth Amendment.Pro-life advocates have long said that the Fourteenth Amendment legally forbids the taking of human life in the womb. The amendment does not allow \u201cany State [to] 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.\u201dThe Roe v. Wade ruling agreed with this legal reasoning, noting that abortion cannot be considered constitutional if someone confers the status of \u201cpersonhood\u201d on the unborn. \u201cIf this suggestion of personhood is established, the appellant\u2019s case, of course, collapses,\u00a0for the fetus\u2019 right to life would then be guaranteed specifically by the [Fourteenth] Amendment,\u201d Supreme Court Justice Harry Blackmun wrote in the decision.Instead, Blackmun and his fellow justices built on the 1965 Griswold v. Connecticut\u00a0ruling, which asserted that the Constitution had a multitude of unwritten \u201crights\u201d waiting to be discovered. \u201cThe Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance,\u201d the case held. For the first time in Supreme Court history,\u00a0the 1973 Roe v. Wade ruling\u00a0claimed\u00a0that the ability to procure an abortion fell under the newly discovered \u201cright\u201d to \u201csexual privacy,\u201d which is \u201csaid to be protected by the Bill of Rights or its penumbra.\u201dThe idea that the Supreme Court should restrict its jurisprudence to \u201cenumerated things in the Constitution,\u201d such as the document\u2019s actual text, is \u201creally scary,\u201d Wehle told Don Lemon.But many jurists say the court has politicized itself by artificing dubious legal rulings to affect policy on contentious social issues. \u201cThe major problem with\u202fRoe\u202ffrom a constitutional perspective is that the court took something that appears nowhere in that document \u2013 and which therefore is left to the states \u2013 and promoted it to a fundamental right.\u202fNothing in the Constitution\u2019s text, structure, history or tradition supports this innovation. The court\u2019s exercise of raw judicial power thus usurped Americans\u2019 ability to determine whether and how to regulate abortion,\u201d wrote \u00a0Carrie Severino, president of the Judicial Crisis Network, in a statement. \u201cWhen the court exercises that sort of judicial supremacy, the justices transform themselves into political figures \u2013 the most important and dangerous political figures in the nation.\u201dOthers note that the Democratic Party, whose 2020 platform calls for taxpayer-funded abortion through all nine months of pregnancy, ardently supported slavery and segregation in the 1860s. \u201cToday\u2019s party of unlimited abortion was also the party of slavery, the KKK, Jim Crow, and voter suppression,\u201d The Radiance Foundation\u2019s chief creative officer, Ryan Bomberger, told me earlier this year. \u201cSadly, the Democratic Party still doesn\u2019t see us as being created equal and continues to divide us by the color of our skin.\u201dBona fide white nationalists endorse abortion-on-demand, which disproportionately reduces the birthrate of minorities. A total of\u00a0117,626\u00a0black babies were aborted in 2018, according to the CDC\u2019s most recent abortion surveillance.The views expressed in this piece are the author\u2019s own and do not necessarily represent those of The Daily Wire.The Daily Wire is one of America\u2019s fastest-growing conservative media companies and counter-cultural outlets for news, opinion, and entertainment. Get inside access to The Daily Wire by becoming a\u00a0member.<\/p>\n","protected":false},"author":76,"featured_media":2315279,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[],"tags":[],"class_list":["post-1073734","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1073734","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/76"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=1073734"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1073734\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2315279"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=1073734"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=1073734"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=1073734"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}