Washington, D.C. Newsroom, Nov 20, 2020 / 03:28 am
With just two months left in Donald Trump’s presidency, some pro-life intellectuals are calling for an executive order that offers legal protection for the unborn.
In “The Lincoln Proposal,” unveiled Nov. 5 in the journal Public Discourse, several pro-life scholars argue that a presidential executive order protecting unborn children under the Constitution could play a pivotal role in pro-life policy for years to come.
Dr. Chad Pecknold, theologian at The Catholic University of America; Joshua Craddock, former editor-in-chief of the Harvard Journal of Law & Public Policy; and Catherine Glenn Foster, president of Americans United for Life, all collaborated on the proposal.
In a statement to CNA, Craddock called the proposal “a bold new vision to reclaim the executive’s independent role in constitutional interpretation, based on historical precedent, to ensure that the constitutional guarantees of due process and equal protection are extended to preborn persons.”
Craddock, Peckbold, and Foster say the executive branch is tasked with preserving and upholding the Constitution, and argue that the Supreme Court’s Roe v. Wade decision - which mandated legal abortion nationwide - was flawed. They say a president could act in “correcting Roe’s first and foundational error.”
In the proposal, a president could recognize unborn children as “persons” who are “entitled to due process and equal protection of the laws” under the 14th Amendment.
This act could be taken under the authority of Article II of the Constitution, they said, in the directive to “preserve, protect, and defend the Constitution” and to “take Care that the Laws be faithfully executed.”