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Tuesday, 30 January 2018

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This can be done via a two step process:
1. declare that unborn babies past a certain age (20 weeks) are human
2. declare that killing such humans is a violation of their civil rights

Civil rights violation, hence subject to federal authority under the Fourteenth Amendment?
Nice try, but that would allow general federal laws against any private actions that violate anyone's rights: murder, robbery, smoking a cigar upwind, using intemperate language, etc.
Which I realize we pretty much have already, in various forms, but the Fourteenth clearly only applies to actions by States, not by individuals. So, if we start paying attention to the Tenth, most of the federal "civil rights" laws get tossed, at least as they apply to individuals and private businesses.
Now, some such laws (including the formulation you propose for this one) might get by under the "equal protection" clause of the Fourteenth... but only as an obligation on the States, not as a cause for prosecution of private parties under federal law.

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