This widely respected left-wing law journal just shocked everyone by saying unborn babies have constitutional rights

Most college law reviews are run by hard-core leftist activists.

And they usually have no trouble toeing the radical left-wing line on every single issue.

But this widely respected left-wing law journal just shocked everyone by saying unborn babies have constitutional rights.

An article published in the Harvard Journal of Law & Public Policy has been submitted as a supplemental authority to the Florida Supreme Court in an abortion case.

Not what you would expect from Harvard

But shockingly, the article was not what anyone expected.

Because the Harvard Journal of Law & Public Policy’s article concludes that the unborn do have constitutional rights.

The Liberty Counsel used that article in response to the recent oral argument on whether a proposed amendment that would codify unrestricted abortion as a right in the state constitution should be put on Florida’s November 2024 ballot.

During the oral argument on February 7, Chief Justice Carlos Muñiz pointed out that Article I, Section 2 of the Florida Constitution protects the rights of a “natural person,” and he asked if the ballot summary should apprise voters of how the proposed abortion amendment could impact this section if “natural person” also included the unborn.

Article I, Section 2 of the Florida Constitution states, “All natural persons…have inalienable rights, among which are the right to enjoy and defend life…”

Article I, Section 9 states: “No person shall be deprived of life, liberty or property without due process of law.”

Following the oral argument, the Christian legal organization Liberty Counsel filed a supplemental authority spelling out the large number of Florida laws that recognize legal protection for an “unborn child” or “unborn person.”

And that supplemental authority was authored by David H. Thompson in a law review article entitled, “Basic Rights and Initiative Petition 23-07: Are the Preborn ‘Natural Persons’ Under the Florida Constitution?”

The basic equality principle

In his article, Thompson takes a hard look at the historical context and development of Florida’s basic equality and due process provisions.

The “equality principle” was of course laid out in the Declaration of Independence, as well as in a large number of transcripts and journals from the constitutional conventions.

The Harvard review author notes that the Florida constitutional convention of 1868, composed almost entirely of Republicans elected by newly freed African Americans, produced Florida’s modern declaration of rights.

That declaration states: “All men are by nature free and equal, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety and happiness.”

The “basic equality provision” had already existed in various versions of the Florida Constitution, but the words “natural person” first entered the Constitution in 1868, the version that remains the current state constitution. 

Thompson logically concludes in his article that in 1868 the public would have understood the words “natural person” and “person,” as used in Article I, sections 2 and 9, to mean a living human being, including a preborn child.

It is also important to note the meaning of “all men” in section 1 of the Florida Constitution of 1868’s Declaration of Rights.

That’s because in 1868 Florida’s basic equality provision was revised to guarantee the inalienable rights of “all men,” in other words, all human beings.

Thompson concludes his article with, “The key issue is what the people of Florida believed in 1868, when the still-controlling language of sections 2 and 9 of Article I was drafted and ratified. The historical record shows what they believed: that conception creates a human “person” bearing an inalienable right to life and entitled to state protection from private violence. As the law stands, those who would like to write the preborn out of that charter may not do so by citizen initiative.” 

The Florida Supreme Court will announce its ruling on the case sometime before April 1. 

If the Court rejects the pro-abortion amendment, it will not appear on Florida’s 2024 ballot.

Pro-Life Press will keep you up-to-date on any developments to this ongoing story.

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