CONSTITUTION

New Republic - The Fourteenth Amendment was intended to extend full citizenship to formerly enslaved Black people, and it undergirds the right of all Americans to be treated equally under the law, no matter who they are or in which state they reside. Yet over the past year, conservatives have been increasingly open in their beliefs that pregnant women, transgender adolescents, affirming parents of trans kids, and immigrants are not legally entitled to the Fourteenth Amendment’s protections—all while arguing that fertilized eggs are. Republicans are using strategic litigation to effectively rewrite the Fourteenth Amendment to prioritize conservative white men and embryos above and beyond everyone else. They are warping something used to grant rights into a bludgeon to take them away, and are redefining who counts as a person in the United States. ...

“The selectivity about whom the Fourteenth Amendment ought to apply to is stunning,” said Khiara M. Bridges, professor at University of California at Berkeley School of Law. “It’s not demanded by the text of the Constitution at all. Instead, these are political choices that are being made, and they’re elevating certain individuals’ rights.”