Bench Memos

NRO’s home for judicial news and analysis.

Barack Obama’s America


…is a place where some children born alive in hospitals are persons, and some are not. Some of these babies are entitled to legal protection, and some are not. Some get the best care which today’s hospitals can give to a sick newborn. Some are put into a soiled utility closet at the hospital. Alone. To die.

In Barack Obama’s America, a law which would eradicate this awful inequality, and which would establish that every child born alive is entitled to the protection of law, would be opposed. Repeatedly. As Barack Obama reads the United States Constitution, such a law is “probably not going to survive constitutional scrutiny” — even though the Constitution guarantees to every person the equal protection of the law. Obama is quite wrong about the Constitution, thank God. Despite his opposition, many states and the United States have passed “Born-Alive Infants Protection Acts,” precisely to establish the legal equality of all newborn babies. Despite Barack Obama’s arguments that such laws are unconstitutional, none has been invalidated by any court. None will be.

Read more about this chilling episode in Obama’s political career in Chapter Ten of David Freddoso’s scrupulously researched and cogently argued Case Against Barack Obama, just out from Regnery. It is an important and courageous book, and it ought to make a difference to the election this November.


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