Roe v Wade legalized abortion at the discretion of the mother. While U.S. Code penalizes a mother or another person for doing harm to an unborn child, there is an exception to the law for mother’s opting to kill the unborn child through abortion.

Dobbs revisited the issue of ‘liberty’ and ‘rights,’ as it applies to ‘privacy’ in Roe v Wade. They applied a more stringent test than in Roe, arguing that was necessary as ‘abortion’ per se is not an enumerated right. Those tests are cited below from the Slip Opinion Summary.

(Slip Opinion)                     OCTOBER TERM, 2021

SUPREME COURT OF THE UNITED STATES Syllabus DOBBS, STATE HEALTH OFFICER OF THE MISSISSIPPI DEPARTMENT OF HEALTH, ET AL. v. JACKSON WOMEN’S HEALTH ORGANIZATION ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 19–1392. Argued December 1, 2021—Decided June 24, 2022

The Court’s decisions have held that the Due Process Clause protects two categories of substantive rights—those rights guaranteed by the first eight Amendments to the Constitution and those rights deemed fundamental that are not mentioned anywhere in the Constitution. [emphasis added] In deciding whether a right falls into either of these categories, the question is whether the right is “deeply rooted in [our] history and tradition” and whether it is essential to this Nation’s “scheme of ordered liberty.” Timbs v. Indiana, 586 U. S. ___, ___ (internal quotation marks omitted).

The term “liberty” alone provides little guidance. Thus, historical inquiries are essential whenever the Court is asked to recognize a new component of the “liberty” interest protected by the Due Process Clause. In interpreting what is meant by “liberty,” the Court must guard against the natural human tendency to confuse what the Fourteenth Amendment protects with the Court’s own ardent views about the liberty that Americans should enjoy. For this reason, Cite as: 597 U. S. ____ (2022) 3 Syllabus the Court has been “reluctant” to recognize rights that are not mentioned in the Constitution. Collins v. Harker Heights, 503 U. S. 115, 125

All ‘rights’ are not enumerated explicitly in the constitution or Bill of Rights. For those unenumerated ‘inalienable’ rights we must resort to Natural Law, Laws of Nature, and the Laws of Nature’s God, i.e., the Creator. Precedent describes it as is whether the right is “deeply rooted in [our] history and tradition” and whether it is essential to this Nation’s “scheme of ordered liberty.”

Almost all abortions are committed due to lack of a ‘dependable’ husband. Dependable suggests ‘means of support’ raising a family for over two decades, and ‘husband’ doesn’t apply as the woman is most likely unmarried.

Therefore, the child is, while unborn, denied Due Process when the father, through being uncommitted to the woman and her impending issue (the child) either takes the lead in demanding an abortion, or through his disinterest motivates the mother to abort.

More explicitly, fathers are no longer exempt from child support or succession of property in the case of ‘illegitimate’ children, the father (and mother) choosing abortion are denying Rights of Succession which are guaranteed to unborn children who do survive childbirth for 120 hours.

This directs us to Article I Section 9 Clause 3, and Article I Section 10 Clause 1, the ban on Bills of Attainder. Question is: Is a law legalizing a mother choosing abortion a Bill of Attainder?

If a Bill of Attainder is, as Assoc. Justice Joseph Story and even such resources as Wikipedia and Justia agree, “The Bill of Attainder Clause in the U.S. Constitution prohibits Congress and state legislatures from passing laws that declare a person or group guilty of a crime and impose punishment without a trial. This clause is designed to protect individual rights and uphold the principle of separation of powers in the justice system,” (Justia, Cornell University), then the child is denied not only Due Process but imposed a death sentence without any possible crime whatsoever!

In fact, while fornication is not a secular crime, it is right the top of biblical exhortations of unrighteousness. If that ‘crime’ is visited upon only the child, then we have another element of Attainder in any abortion law, and that is Corruption of Blood. Simply put, this is the punishment of the parent extended to the children.  

A clever jurist may conclude that the Bill of Attainder is defined as a law declaring guilt of ‘a crime and imposes the death penalty;’ both are elements that must be met.

But, we are discussing Natural Rights as abortion is not specified in the constitution;, death sentences without Due Process, (and the process of abortion surgery is nothing if not Cruel & Unusual Punishment) is still a denial of Natural Rights, i.e., life itself.

Here is my original 2004 blog/memorandum on Abortion and Bills of Attainder–https://paraleaglenm.com/2022/05/12/does-the-constitution-permit-abortion-to-be-codified-or-can-women-be-issued-a-license-to-kill/