“The Constitution Already Prohibits Abortion”

That is the position of Josh Craddock in a recent essay in Public Discourse. His Public Discourse essay is a summary of the paper he previously published in the Harvard Journal of Law & Public Policy.

Here is a summary of his argument: “Given the original public meaning of the term “person,” the contemporaneous anti-abortion statutes purposed to protect prenatal life, and the public explanations given by the framers of the Fourteenth Amendment as to its scope of meaning, protections should be extended to prenatal life on originalist grounds. If constitutional protections for the unborn were acknowledged, a state could not refuse to prosecute the intentional killing of the unborn while continuing to prosecute the killings of other classes of persons without violating the Equal Protection Clause.”

Richard Myers

Richard S. Myers, the Vice-President of UFL, is Professor of Law at Ave Maria School of Law, where he teaches Antitrust, Civil Procedure, Conflict of Laws, Constitutional Law, and Religious Freedom. He is a Phi Beta Kappa graduate of Kenyon College and earned his law degree at Notre Dame, where he won the law school's highest academic prize. He began his legal career by clerking for Judge John F. Kilkenny of the U.S. Court of Appeals for the Ninth Circuit. Professor Myers also worked for Jones, Day, Reavis & Pogue in Washington, D.C. He taught at Case Western Reserve University School of Law and the University of Detroit Mercy School of Law before joining the Ave Maria faculty. He is a co-editor of St. Thomas Aquinas and the Natural Law Tradition: Contemporary Perspectives (Catholic University of American Press, 2004) and a co-editor of Encyclopedia of Catholic Social Thought, Social Science, and Social Policy (Scarecrow Press, 2007). He has also published extensively on constitutional law in law reviews and also testified before Congressional and state legislative hearings on life issues. Married to Mollie Murphy, who is also on the faculty at Ave Maria School of Law, they are the proud parents of six children - Michael, Patrick, Clare, Kathleen, Matthew, and Andrew. http://www.avemarialaw.edu/index.cfm?event=faculty.bio&pid=11705E7D4E0111010366