Letter to Senator Hawley re: Gee v. June

Your Amicus is essentially a challenge to Marbury v. Madison, as well as the entire body of civil rights law based upon the 14th Amendment. Indeed, your argument would essentially return the nation to the days of Plessy v. Ferguson, which is unconscionable. Without this Amicus, the Court would have ruled per curiam that the Louisiana law is unconstitutional, reversing the 5th Circuit and making clear that no abortion case would ever be heard by the Court again. This indicates that Justices Gorsuch and Kavanaugh consider Roe v. Wade and the right to privacy to be settled law. This Amicus shows a total misunderstanding of the right to privacy. It has nothing to do with confidentiality. Instead, it creates a zone where private conduct is immune from legislation by state government. It is the ultimate protection against the tyranny of the reactionary mob. It is the bedrock of a free society based on God given Natural Rights.

On the matter of abortion, the unborn fully enjoy the right to life against the power of state and federal government as neither can execute a pregnant woman nor force her to have an abortion. It does not include any such right against the interest of its mother, although Congress and only Congress, may extend legal personhood to it under Section 5 if Amendment XIV. It will not do so, however, because attempts to do so in the first trimester of pregnancy would require that all Dialation and Cutage procedures be regulated by government. The rights of mothers and their doctors to due process under Amendments V and XIV against selective enforcement would require this, meaning that all miscarriages be investigated to determine if prosecution is required, including prosecution of the mother. If the fetus becomes a legal person, paying for its termination must also be a criminal act, as it is for killing any person. One is either a legal person or not. If not, state government  power to regulate abortion violates privacy.

This controversy is ended in the legal sphere. Any attempt to say otherwise perpetuates a fraud. The only recourse remaining is to increase and make fully refundable with Pay the child tax credit to the level required to support a child, regardless of the wage paid to parents. For the Republican Party to resist such action is to clearly state that the attempt to control abortion is a means to regulate sexuality and impose burdens upon women and not the rights of children in the womb. You must ask yourself, does the Republican Party stand for Life or merely against the right of women to be left alone?