In this political season, we have heard much about “inequality” and “social justice” from the candidates in the Democratic primaries. These are certainly subjects worth talking about. Let’s do so.
In 1972, the Court of Appeals of New York State said the following: “The Constitution does not confer or require legal personality for the unborn”. ( Byrn v. NYC Health and Hospital Corp.)
In 1973, the Supreme Court of the United States added this: “the word “person,” as used in the Fourteenth Amendment, does not include the unborn”. ( Roe v. Wade)
So our Black-Robed Platonic Guardian Rulers on the Courts have thereby expelled an entire class of human beings — those who haven’t been lucky enough to be born yet — from society. They have declared them to be beyond the protection of the laws. In the English legal tradition, this would make them “outlaws” — stripped of any legal rights, liable to be killed with impunity without trial. It is equivalent to being legally dead, and nobody can lend them any assistance. They have less legal protection than animals or property.
It was to eliminate the inherent injustice and inhumanity of “outlawry” that motivated the guarantees of the right to trial and to the writ of habeas corpus in the Magna Carta and subsequent laws. It eventually led the Founders of our nation to enact the ban on bills of attainder, and the Due Process and Equal Protection Clauses of the Fifth and Fourteenth Amendments of our Constitution. Their purpose was to ensure that everyone is within the protections of the law, that nobody is an “outlaw”, that nobody can be cast out of society.
So let us take a close look at Presidential candidates who speak of “social justice” and denounce “inequality”, yet support the unlimited power to abort an unborn child up until the moment of birth for any reason, who oppose any and all regulations of abortion, who campaign openly in favor of it, who accept the support of organizations that profit from it. Let’s ask them a few questions:
What concept of “social justice” permits unborn boys and girls to be treated as “outlaws” without any protection of the law, and thus liable to being killed with impunity?
Is it “social justice” to treat unborn boys and girls worse than African-Americans were treated under the Jim Crow regime? Or was the Supreme Court right in its infamous Dred Scott decision — in which they said African-Americans have “no rights which the white man was bound to respect”?
Do we still reject as impermissible “inequality” the legal segregation of an entire class of humans into second-class status? Or was Brown v. Board of Education wrongly decided?
The answers to these questions are obvious. In a dissenting opinion in the Byrn case, one of the judges of the Court of appeals said this:
The fundamental nature of life makes impossible a classification of living, human beings as nonpersons, who can be excluded from the protection of the Constitution of the United States so that their right to life can be taken from them in spite of the due process clause and equal protection clause.
Yes, by all means, as this Presidential race develops, let us speak about “social justice” and “inequality”. And let us judge the candidates based on how they answer our questions.