Ted Cruz: We Can ‘Absolutely’ Outlaw Abortion Without Overturning Roe

By Miranda Blue | 7 December 2015
Right Wing Watch

Ted Cruz - screenshot
Appearing on a Catholic talk show on EWTN, 2016 GOP presidential contender Ted Cruz said abortion could be “outlawed” in the U.S. by using legislation to do an end-around the Supreme Court’s decision in Roe v. Wade.

Sen. Ted Cruz, R-Texas, said last month that Congress could “absolutely” criminalize all abortion by passing a law giving 14th Amendment protections to fetuses and zygotes, thus bypassing a constitutional amendment overturning Roe v. Wade.

This represents the Republican presidential candidate’s strongest endorsement yet of the radical anti-choice “personhood” strategy, which, based on a questionable interpretation of Roe, holds that Congress can simply outlaw abortion by classifying fertilized eggs as persons under the law. If successful, personhood would outlaw nearly all abortions and could even criminalize certain types of birth control.

Cruz made the comments in a November 25 interview with influential social conservative commentator Robert George as part of a series of candidate interviews that George is hosting on the the Catholic television network EWTN.

After outlining the personhood strategy, George asked Cruz, “Do you believe that unborn babies are persons within the meaning of the Equal Protection Clause of the 14th Amendment and, if so, will you call on Congress to use its authority under the 14th Amendment pursuant to Section Five, to protect the unborn? Or do you take the view, as some do, that we can’t do that until Roe v. Wade is overturned either by the court itself or by constitutional amendment? Where do you stand on that?”

“Listen, absolutely yes,” Cruz responded.

“I very much agree with the pope’s longstanding and prior popes’ before him longstanding call to protect every human life from the moment of conception to the moment of natural death,” he added.

“And we can do that by Congressional action without waiting for the Supreme Court to overturn Roe v. Wade?” George asked.

“Absolutely yes, under the 14th Amendment,” Cruz responded.

Cruz has on two separate occassions promised personhood groups that he would support their strategy, but has previously been eclipsed on the issue by his presidential rival Mike Huckabee, who has vowed to impose personhood by executive fiat if he becomes president. Another GOP presidential candidate, Rand Paul, has sponsored a personhood bill in Congress.

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5 COMMENTS

  1. Even if fetuses were granted equal protection under the fourteenth amendment it would not be illegal to deliver. The mother is under no legal obligation to give any of her body to any other person. For example if a six year old child is going to die without a blood donation the parents are under no obligation by law to supply that blood. The same would hold true for fetuses. Delivery would be induced and the evicted fetus would die of natural causes in the doctors office because medical science isn’t advanced enough to care for it. But the mother is under no more legal obligation to give her blood, organs or space in her body to that fetus than she would be a six year old.

  2. If a fetus is given personhood, would it then have the responsibilities of a person? Could it be sued for injuring the mother? Could it be charged with manslaughter if the mother dies as a consequence of the pregnancy? Ridiculous, I know, but so is this entire premise.

  3. Ted Cruz is such a dangerous candidate because so many people in this nation are part of these different little tribal churches whose theological leadership is pathetic..
    Talk about the control issues of the Catholic church all you want…Ted Cruz is rep of the worst pope that ever ruled.

  4. My favorite part of that is Cruz saying we would protect them from “birth to death.” Ha ha ha would he protect them by giving them free healthcare or give a dsmn if they were hungry or abused? Until we raise our standards to the rest of the western world and hep people so they can have a decent life and care and love their families we’re nowhere . just corporations taking in bucks for themseves I e Koch brothers, trump and his Adams family. I could go on. There is separation of church and state in the constitution. We should sue Ted Cruz and the likes of his ilk .

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