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Judge Andrew Napolitano: Saying unborn babies aren’t persons is like saying blacks aren’t persons

'The denial of personhood to babies in the womb is akin to the judicial denial of personhood to Blacks before the Civil War.'
Tue Feb 16, 2021 - 5:20 pm EST
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Judge Andrew P. Napolitano, July 14, 2020. Misesmedia / Youtube screen grab

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February 16, 2021 (LifeSiteNews) – A former judge of the Superior Court of New Jersey wrote in a recent column that President Biden refuses to answer the question regarding if the “baby in the womb is a person” because the correct answer would overturn Roe v. Wade and outlaw abortion. 

“Is the baby in the womb a person? Of course, she is,” wrote former judge Andrew P. Napolitano, a senior judicial analyst at Fox News Channel, in a Feb. 11 piece published at Fox News. “The baby has human parents, and her body contains all the genomic materials to grow into human childhood and adulthood.”

“The denial of personhood to babies in the womb is akin to the judicial denial of personhood to Blacks before the Civil War,” he added.

Napolitano wrote that the 1973 Supreme Court Roe v. Wade decision that allows a mother to choose to abort her preborn baby has as its  “legal cornerstone” the “absence of personhood.”

“The opinion offers that because philosophers, theologians, scientists and physicians cannot agree on when personhood attaches, then neither will the justices of the Supreme Court. Thus, Roe declares that the baby in the womb is not a person. Yet, legally, if the baby in the womb is a person, then a host of constitutional protections insulate the baby from being killed by her mother and her physician,” he wrote.

Napolitano warned that the pro-abortion Biden administration will do its best to insulate Roe from being overturned by the Supreme Court, currently stacked with conservative-leaning judges thanks to the addition of three judges by the pro-life Trump administration.

“Coming our way is a massive effort by pro-abortion forces at the state and federal levels to shore up Roe — to insulate it from interference by the Supreme Court — and thereby make abortions more available and, in some states, performed at taxpayer expense,” he wrote.

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“President Joseph R. Biden has stated that he wants Congress to enact a statute that will put into positive law the right of every woman to kill her unborn child at any time, irrespective of what various states have enacted to preserve the lives of unborn children,” he added.

Napolitano sees that answering the question “is the baby in the womb a person” as the key question in the fight to end abortion, especially since the Declaration of Independence states that the right to life is “inalienable” and since the 14th Amendment to the U.S. Constitution is clear that no state shall “deprive any person of life.”

“Is the baby in the womb a person? Biden does not want to answer that question,” he wrote, adding that the president “won’t go near this.”

The former judge called the right to live the “highest right there is.”

“Any society that can impair the right to live by declaring any groups to be nonpersons has rejected the self-evident concepts of right and wrong and cannot long endure.”

“Negating personhood is the most dangerous thing the government can do. It is a one-way slippery slope. Whose personhood will the government negate next?” he warned.


  abortion, andrew napolitano, joe biden, personhood, roe v. wade

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