"Pointing to a lack of contemporary consensus about pre- born personhood, the Roe Court asserted that they “need not resolve the difficult question of when life begins,” thereby failing to resolve the crucial question at the crux of the case. Much like the hunter who shoots into a quivering bush without identifying his target, the Court decided, in effect, that the human being in utero “is a non-person without stopping to consider whether or not he is a human being.” Admitting its ignorance on this important question, the Court’s only legally sound response would have been to “err on the side of life, and therefore to legally prohibit virtually all abortions.” After all, the Constitution expressly prohibits deprivations of life without due process of law, while notions of a right to privacy or a liberty interest protecting so-called reproductive rights are at best implied and unenumerated. As explained in Part II, originalist methodology establishes that the Fourteenth Amendment protects every biological member of the human family. Thus, authorizing the killing of a living organism “without knowing whether that being is a human being with a full right to life” would constitute willful judicial recklessness, “even if one later discovered that the being was not fully human.”"