Judging Freedom - No more murder charge for women in Louisiana abortion bill

Episode Date: May 13, 2022

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Hi everyone, Judge Andrew Napolitano here for Judging Freedom. Today is Friday, May 13, 2022. It's about 2.15 in the afternoon here on the East Coast. Late last night, the Louisiana legislature, which was prepared to define that life begins at the moment of fertilization of egg and sperm, which would have meant that all abortion is homicide, decided that abortion is homicide for the physician or the person who's performing the abortion only, but not for the mother who asks for it. This was done in response to a public outcry over the characterization of abortion as homicide.

Well, if you believe the fetus in the womb is a person, and I have argued here and elsewhere that the fetus in the womb is a person. It has, she has, we use the she as an example. She has two human parents She has all the genomic material in her tiny body From the moment of conception To develop fully into a postnatal person She can be sued, she can sue She can inherit all while in the womb She is clearly a person

If the fetus in the womb is a person Then abortion is homicide then abortion is homicide. If abortion is homicide, then whoever participated in and facilitated the homicide should be charged with homicide. You can't have it both ways. Either it's homicide or it's not. It can't be homicide for the abortionist, but not for the mother, because you have sympathy for the mother. Sympathy comes at the time of sentencing, not at the time of charging. In fact, if a mother has an abortion under this new law in Louisiana and the abortionist alone is charged, the abortionist will have an equal protection argument, which is that he or she is not being treated equally to others who facilitated the abortion. So the Louisiana folks,

probably because of a big heart, knowing that a mother going through this is suffering anyway, need to go back and check the Constitution before they decide to include some and exclude others who participated in the killing of a baby. I have argued in my piece at judgenap.com, lewrockwell.com, washingtontimes.com, townhall.com. It's my Thursday column, so it came out yesterday. It's entitled, The Slaughter of Babies Should Be Unfathomable. And I have argued that it should be unfathomable, that it is a sign of a tyrannical government when it decides legislatively or administratively a class of persons it will protect, a class of persons it will not protect, a class of persons about whom it is indifferent, and thus it exposes those about whom it is indifferent or those it won't protect to the abortionist's scalpel or to his suffocating chemicals. Can't do that in America. The 14th Amendment requires equal protection.

All persons are entitled to be protected from homicide, no matter how sympathetic their killers may be. Judge Napolitano for judging freedom.