Stephen Miller, late of the Trump administration and current member of the board of directors of America First Legal, in supporting Texas’ law prohibiting doctors from performing abortions after a fetal heartbeat has been detected, is making this argument, among others:
In every other area of public life, people are able to, through the legislatures, pass laws against sex trafficking, sexual abuse, elder abuse, against every other social ill imaginable. And yet for about half a century now, there’s been no ability by citizens in any state to work through legislatures to ensure some measure of protection for our youngest and most vulnerable citizens.
This is, at best, a weak argument, and if the lawyers arguing before the Supreme Court rely on this, they risk setting back the anti-abortion cause by decades. Under the 14th amendment, citizen status only exists for those born…in the United States; the ones we’re trying to protect aren’t born, yet, so they are not citizens.
The unborn’s right of of relevance here is the much broader one: his right to life, which he has through the simple fact of his existence and as acknowledged under that other founding document of ours, our Declaration of Independence. His status, or lack, as a citizen of the United States isn’t relevant to his right to live.
Miller should know better.