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Do Diploid Dave and Zelinda Zygote Get Equal Protection?

The current language of the Constitution extends full protection only to “persons born or naturalized” here, stating additionally that “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” As Supreme Court Justice Scalia has said: “I think when the Constitution says that persons are entitled to equal protection of the laws, I think it clearly means walking-around persons. You don’t count pregnant women twice.”

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