Legislators Find Roe v. Wade Loophole

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Jennifer LeClaire

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AP Images/Rogelio V. Solis

In what appears to be a loophole in the famous Roe v. Wade decision that paved the way for legal abortions, Congresswoman Sandy Adams has co-sponsored a bill that would legislatively end the nation’s policy of unlimited abortion-on-demand.

Dubbed the Life at Conception Act, 105 members of the U.S. Congress co-sponsored the pro-life legislation.

The bill aims to leverage the fact that the Supreme Court never actually declared abortion itself to be a constitutional right. In its 1973 abortion decision, the Supreme Court invented a policy that effectively stops any regulation of abortion during the full nine months of pregnancy.

But the Supreme Court also said: “We need not resolve the difficult question of when life begins … the judiciary at this point in the development of man’s knowledge is not in a position to speculate as to the answer.”


However, the High Court made a key admission in its decision: “If this suggestion of personhood is established, the appellant’s case [i.e., “Roe” who sought an abortion], of course, collapses, for the fetus’ right to life is then guaranteed specifically by the [14th] Amendment.”

The bottom line: a majority vote is all that is needed to pass a Life at Conception Act to establish personhood beginning at conception.

“Rather than tiptoe around Roe v. Wade, the Life at Conception Act eliminates the High Court’s impenetrable wall by giving Congress and state legislatures the power to end rather than merely regulate abortion-on-demand,” says Martin Fox, president of the National Pro-Life Alliance.

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