Rep. Andy Biggs, R-Ariz., told Newsmax that the unborn have ''a right to life,'' and it is the first right people have under the Constitution.
The unborn ''actually already have constitutional protection,'' Biggs said Friday on ''The Chris Salcedo Show.'' ''The first right is the right to life, and that is a constitutionally recognized protection and right."
Biggs said that ever since the landmark 1973 Roe v. Wade U.S. Supreme Court decision that legalized abortion nationwide, lower courts have come in and have taken away the rights of unborn babies in the name of choice.
''They are individuals. They're human beings in the womb,'' he said. ''They have the right to life, and [the left] attacked them. And now, thank goodness, the states are coming back, and they're fighting, because that is the natural place to protect those rights is with state sovereignty and the true federalism that this country is meant to have.''
Biggs' comments come as the U.S. Supreme Court allows a Texas law that bans abortion after fetal cardiac activity is detected at around six weeks of pregnancy while legal challenges work their way through the lower courts.
According to CBS News, the court ruled 8-1 Friday to allow the legal challenges of abortion providers to proceed in the lower courts, while dismissing a U.S. Department of Justice challenge, allowing the ban to stand in the meantime.
The high court has already heard oral arguments on a Mississippi law that pushes the deadline for an abortion back from 24 to 14 weeks.
A decision on that case from the 6-3 conservative court is expected around June and could overturn Roe, sending abortion controls back to the state legislatures to determine.
Republican Texas state Sen. Bryan Hughes, who joined Biggs on the program, called the decision to allow the Texas ban to continue ''a total victory'' for those who oppose abortion, and the rights of the unborn.
''A total victory today. The law is still in effect,'' he said. ''We're so thankful this was a win for the sanctity of human life and for state sovereignty. Both [are] important constitutional principles, and we are very encouraged. This was a total victory today.''
The Whole Woman's Health v. Jackson case in Texas deals not so much with the change in the timing of banning abortion after six weeks as it disputes how the law would be enforced.
According to the CBS News story, the law can be enforced by private citizens suing suspected abortion providers, or those who aid them, and winning around $10,000 in damages for proving the case.
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