Viewpoints
Opinion

The Case for the Unconstitutionality of Abortion

The Case for the Unconstitutionality of Abortion
Maria Oswalt/Unsplash
Josh Hammer
|Updated:
Commentary

In the April issue of the conservative journal First Things, the esteemed natural law philosopher John Finnis wrote an essay titled “Abortion Is Unconstitutional.” Finnis’ basic argument was that the traditional conservative or originalist stance on abortion and the infamous 1973 Roe v. Wade Supreme Court decision—namely, that the Constitution is “silent” on the matter and that it is properly an issue for states to decide among themselves—is both morally insufficient and legally dubious.

Josh Hammer
Josh Hammer
Author
Josh Hammer is opinion editor of Newsweek, a research fellow with the Edmund Burke Foundation, counsel and policy advisor for the Internet Accountability Project, a syndicated columnist through Creators, and a contributing editor for Anchoring Truths. A frequent pundit and essayist on political, legal, and cultural issues, Hammer is a constitutional attorney by training. He hosts “The Josh Hammer Show,” a Newsweek podcast, and co-hosts the Edmund Burke Foundation's “NatCon Squad” podcast. Hammer is a college campus speaker through Intercollegiate Studies Institute and Young America's Foundation, as well as a law school campus speaker through the Federalist Society. Prior to Newsweek and The Daily Wire, where he was an editor, Hammer worked at a large law firm and clerked for a judge on the U.S. Court of Appeals for the Fifth Circuit. Hammer has also served as a John Marshall Fellow with the Claremont Institute and a fellow with the James Wilson Institute. Hammer graduated from Duke University, where he majored in economics, and from the University of Chicago Law School. He lives in Florida, but remains an active member of the State Bar of Texas.
twitter
Related Topics