Pro-Life Judge

A Pro-Life Judge is one who has a presumption of a right to life for the unborn and other vulnerable members of society. The presumption can be rooted in the Declaration of Independence recognition of a right to "life, liberty, and the pursuit of happiness." It can also be rooted in natural law, the common law and the U.S. Constitution.

Presumptions are widely recognized in the law on other issues, such as the presumption of "innocent until proven guilty" and presumptions about the burden of proof. A pro-life presumption carries with it a tendency to rule in favor of the unborn and against abortion, and in favor of protecting other vulnerable aspects of innocent life against the State and more powerful adversaries.

A Pro-Life Judge would be willing to overturn Roe v. Wade, while a mere originalist judge may resort to stare decisis to abide by that mistaken decision.