H.R.722 - Life at Conception Act (119th Congress)
Summary
H.R.722, the "Life at Conception Act," seeks to grant equal protection under the Fourteenth Amendment to all born and preborn human persons. It defines "human person" and "human being" as including every member of the species homo sapiens at all stages of life, including from fertilization. The bill explicitly states that it should not be construed to authorize the prosecution of any woman for the death of her unborn child.
The bill invokes Congress's power under Article I, Section 8 (necessary and proper clause) and Section 5 of the Fourteenth Amendment to enforce this right to life.
This bill was introduced in the House of Representatives on January 24, 2025, and referred to the Committee on the Judiciary.
Expected Effects
If enacted, this bill would likely lead to a nationwide ban on abortions, as it would grant constitutional rights to preborn human beings. This would likely trigger numerous legal challenges, testing the scope of congressional power and the interpretation of the Fourteenth Amendment. The practical implications would be significant, impacting reproductive healthcare access across the United States.
Potential Benefits
- Potential increased protection for unborn life, aligning with the beliefs of some Americans.
- Could lead to a decrease in the number of abortions performed.
- May strengthen legal arguments for fetal rights in other areas of law.
- Could foster a greater societal emphasis on the value of human life from conception.
- Potentially reduces emotional distress for individuals who believe abortion is morally wrong.
Potential Disadvantages
- Significant restrictions on abortion access, potentially forcing women to carry unwanted pregnancies to term.
- Potential conflicts with existing Supreme Court precedent on abortion rights (though the bill aims to overturn or circumvent such precedent).
- Disproportionate impact on low-income women and women in rural areas who may lack access to alternative reproductive healthcare.
- Increased legal and political polarization surrounding the issue of abortion.
- Potential challenges in defining and enforcing the concept of "personhood" from the moment of fertilization.
Constitutional Alignment
The bill's constitutional alignment is highly contested. Proponents argue it aligns with the Fourteenth Amendment's equal protection clause, asserting that preborn individuals are entitled to the same rights as born individuals. They also cite Congress's power under Article I, Section 8, to make laws necessary and proper for carrying out its enumerated powers, and Section 5 of the Fourteenth Amendment, granting Congress the power to enforce the amendment's provisions.
Opponents argue that the bill contradicts established Supreme Court precedent on abortion rights, particularly the right to privacy as interpreted in Roe v. Wade (though this has been overturned by Dobbs v. Jackson Women's Health Organization). They also question whether Congress has the authority to unilaterally define "personhood" in a way that overrides individual liberty and bodily autonomy. The bill's reliance on the Fourteenth Amendment is a key point of contention, as the amendment was originally intended to protect the rights of formerly enslaved people.
Ultimately, the bill's constitutionality would likely be determined by the Supreme Court, considering the conflicting interpretations of the Constitution and existing legal precedent.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).