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Human Life Amendment

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The Human Life Amendment is the name of multiple proposals to amend the United States Constitution that would have the effect of overturning the Supreme Court 1973 decision Roe v. Wade , which ruled that prohibitions against abortion were unconstitutional. All of these amendment proposals seek to overturn Roe v. Wade , but most of them go further by forbidding both Congress and the states from legalizing abortion. Some of the proposals define human life as beginning with conception or fertilization .

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66-664: These amendments are sponsored or supported by United States anti-abortion movements and opposed by the United States abortion rights movement . As of August 2022, none of these proposals have succeeded though Roe v. Wade was overturned in full by the Supreme Court in Dobbs v. Jackson Women's Health Organization in 2022. A number of Human Life Amendments have been proposed in Congress since 1973, with 20 total days of hearings before

132-604: A person . Any deliberate destruction of human life is considered ethically or morally wrong and is not considered to be mitigated by any benefits to others, as such benefits are coming at the expense of the life of what they believe to be a person. In some cases, this belief extends to opposing abortion of fetuses that would almost certainly expire within a short time after birth, such as anencephalic fetuses. Some abortion opponents also oppose certain forms of birth control , particularly hormonal contraception such as emergency contraception (ECPs), and copper IUDs which may prevent

198-565: A bill that would abolish abortion and make it a criminal act, whereby women and physicians who received and performed abortions, respectively, could receive the death penalty . In 2023, South Carolinan Republican Representative Rob Harris authored the South Carolina Prenatal Equal Protection Act of 2023, which would make women who had abortions eligible for the death penalty . The bill attracted 21 Republican co-sponsors. Studies indicate that activists within

264-460: A demographic which had traditionally voted Democratic, a party at the time containing fairly liberal economic views with mixed opinions on social ones, but who might be put off by growing cultural liberalism and who made up the core of the anti-abortion movement. Over time, the anti-abortion plank of the Republican platform became one rallying point for a growing conservative religious coalition in

330-603: A number of organizations were formed to mobilize opinion against the legalization of abortion. Most of these were led by Catholic institutions and communities; most evangelical Christian groups did not see abortion as a clear-cut or priority issue at the time. The first major U.S. organization in the modern anti-abortion movement, the National Right to Life Committee , was formed out of the United States Catholic Conference in 1967. The description "pro-life"

396-450: A pregnancy is warranted – such as protecting the life of a mother or in cases of rape or incest." The position of the Church of Jesus Christ of Latter-day Saints (LDS Church) is that "elective abortion for personal or social convenience is contrary to the will and the commandments of God" but that abortion may be justified where the pregnancy endangers life of the mother, or where the pregnancy

462-433: A right of a pregnant woman to terminate a pregnancy, but opposes "abortion as a means of birth control, family planning, sex selection or any reason of mere convenience." The United Church of Christ supports abortion rights, viewing it as a matter of reproductive health and justice. The Presbyterian Church (U.S.A.) adopts the view that abortion is a personal choice, but acknowledges "diverse conclusions and actions" within

528-578: A variety of ways. (See Abortion in the United States .) The anti-abortion movement became politically active and dedicated to the reversal of the Roe v. Wade decision, which struck down most state laws restricting abortion in the first trimester of pregnancy. In the United States, the movement is associated with several Christian religious groups, especially the Catholic Church and Evangelical churches, and

594-520: Is a movement in the United States that opposes induced abortion and advocates for the protection of fetal life. Advocates support legal prohibition or restriction on ethical, moral, or religious grounds, arguing that human life begins at conception and that the human zygote , embryo or fetus is a person and therefore has a right to life . The anti-abortion movement includes a variety of organizations , with no single centralized decision-making body. There are diverse arguments and rationales for

660-485: Is also a self-described feminist element inside the movement. The variety in opinion on the issue of abortion is reflected in the diverse views of religious groups. For example, the Catholic Church considers all procured abortions morally evil, while traditional Jewish teaching sanctions abortion if necessary to safeguard the life and well-being of the pregnant woman. The only coordinated opposition to abortion in

726-538: Is frequently, but not exclusively, allied with the Republican Party . The movement is also supported by secular organizations (such as Secular Pro-Life ) and non-mainstream anti-abortion feminists . The movement has campaigned to reverse Roe v. Wade and to promote legislative changes or constitutional amendments, such as the Human Life Amendment , that prohibit or at least broadly restrict abortion. On

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792-934: Is more important than any other issue. Much of the anti-abortion movement in the United States and around the world finds support in the Roman Catholic Church , the Christian right , the Lutheran Church–Missouri Synod and the Wisconsin Evangelical Lutheran Synod , the Church of England , the Anglican Church in North America , the Eastern Orthodox Church , and the Church of Jesus Christ of Latter-day Saints (LDS). However,

858-562: Is not secured by this Constitution. The Congress and the several States shall have the concurrent power to restrict and prohibit abortions: Provided, That a law of a State which is more restrictive than a law of Congress shall govern. Introduced by Sen. Orrin Hatch and Sen. Thomas Eagleton (D-MO) on January 26, 1983, under S.J.Res. 3 , and referred to the Committee on the Judiciary . The matter

924-447: Is often but not exclusively connected to religious beliefs about the sanctity of life (see also culture of life ). Exclusively secular-humanist positions against abortion tend to be a minority viewpoint among anti-abortion advocates; these groups say that their position is based on human rights and biology, rather than religion. Some holding the anti-abortion position also hold a complementarian view of gender roles , though there

990-545: Is the outcome of rape or incest. The Taskforce of United Methodists on Abortion and Sexuality (TUMAS) was formed in 1987 to further the anti-abortion ministry in The United Methodist Church . The Southern Baptist Convention believes that abortion is allowable only in cases where there is a direct threat to the life of the woman. Among Mainline Protestant denominations, the Episcopal Church recognizes

1056-642: The Court of International Trade . If a majority on the committee votes to advance a nomination, the nominee is reported favorably to the whole Senate, which can vote by simple majority to confirm the nominee. The Judiciary Committee's oversight of the DOJ includes all of the agencies under the DOJ's jurisdiction, such as the FBI . It also has oversight of the Department of Homeland Security (DHS). Subcommittees In January 2018,

1122-635: The Fourteenth Amendment to the United States Constitution entitles embryos and fetuses to equal protection from murder, which they believe abortion to be. In calling themselves " abolitionists ", those in this movement intend to compare the rights of embryos and fetuses to the rights of chattel slaves, and say that their humanity is not counted as fully human by their contemporaries. Some abortion rights campaigners have criticized this comparison, saying that abortion abolitionists co-opt

1188-700: The Senate Judiciary Committee in 1974, 1975, and 1981, several other hearings before other committees, and a number of floor debates. Between 1973 and 2003, the National Committee for a Human Life Amendment reports a total of 330 proposals using varying texts, with most dying in committee. The only version of the Human Life Amendment to reach a formal floor vote was the Hatch-Eagleton Amendment, which received 49 supporting votes in

1254-646: The Standing Rules of the Senate confer jurisdiction to the Senate Judiciary Committee in certain areas, such as considering proposed constitutional amendments and legislation related to federal criminal law , human rights law , immigration , intellectual property , antitrust law , and internet privacy . Established in 1816 as one of the original standing committees in the United States Senate,

1320-474: The implantation of a zygote . Because they believe that the term pregnancy should be defined so as to begin at fertilization, they refer to these contraceptives as abortifacients because they cause the fertilized egg to be flushed out during menses. The Catholic Church endorses this view. There are, however, anti-abortion physicians who concur with the view that hormonal contraception does not block implantation. Attachment to an anti-abortion position

1386-498: The 1950s and 1960s, a movement to liberalize abortion laws gained momentum due in part to the second-wave feminist movement and to a number of high-profile therapeutic abortion cases, such as that of Sherri Finkbine . In 1965, a Supreme Court decision in Griswold v. Connecticut set a precedent for an expansive right to privacy in the area of reproductive healthcare. In the late 1960s, in response to nationwide abortion-rights efforts,

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1452-524: The 1971 and 1974 Southern Baptist Conventions, Southern Baptists were called upon "to work for legislation that will allow the possibility of abortion under such conditions as rape, incest, clear evidence of severe fetal deformity, and carefully ascertained evidence of the likelihood of damage to the emotional, mental, and physical health of the mother." W. Barry Garrett wrote in the Baptist Press , "Religious liberty, human equality and justice are advanced by

1518-433: The 23 enacted in 2010". In 2019, six U.S. states (Georgia, Kentucky, Louisiana, Missouri, Mississippi, and Ohio) enacted fetal heartbeat abortion bills. These heartbeat bills generally restrict abortion to the time period in pregnancy before a fetal heartbeat can be detected (which can be as early as six weeks of gestation or as late as twelve weeks). The bills face legal challenges, with their supporters stating they hope

1584-471: The American anti-abortion movement are predominantly white and religious. Scholars continue to dispute the primary factors that cause individuals to become anti-abortion activists. While some have suggested that a particular moral stance or worldview leads to activism, others have suggested that activism leads individuals to develop particular moral positions and worldviews. A 1981 survey of dues paying members of

1650-512: The District of Columbia, with regard to any area over which it has jurisdiction, from allowing, regulating, or prohibiting the practice of abortion. Introduced by James Burke (D-MA) on September 12, 1973, under H.J.Res. 769 . Section 1. With respect to the right to life, the word 'person,' as used in this article and in the fifth and fourteenth articles of amendment to the Constitution of

1716-551: The Family , American Family Association , and Concerned Women for America , among many others. Abortion opponents generally believe that human life should be valued either from fertilization or implantation until natural death. The contemporary anti-abortion movement is typically, but not exclusively, influenced by conservative Christian beliefs and has influenced certain strains of bioethical utilitarianism. From that viewpoint, any action which destroys an embryo or fetus kills

1782-479: The National Right to Life Committee (NRLC) by sociologist Donald O. Granberg found that survey respondents held conservative views on sex, sex education, and contraception. Additionally, Granberg's survey provided basic demographic characteristics of his sample: 98% of survey respondents were white, 63% were female, 58% had a college degree, and 70% were Catholic. Granberg concluded that conservative personal morality

1848-493: The Senate Committee on the Judiciary is one of the oldest and most influential committees in Congress. Its broad legislative jurisdiction has assured its primary role as a forum for the public discussion of social and constitutional issues. The committee is also responsible for oversight of key activities of the executive branch, and is responsible for the initial stages of the confirmation process of all judicial nominations for

1914-413: The Senate on June 28, 1983, falling 18 votes short of the 67 required for passage. Introduced by Rep. Lawrence Hogan (R-MD) on January 30, 1973, under H.J.Res. 261 . Section 1. Neither the United States nor any State shall deprive any human being, from the moment of conception, of life without due process of law; nor deny to any human being, from the moment of conception, within its jurisdiction,

1980-459: The Supreme Court to overturn Roe v. Wade . Such activists believed that then-Justice Anthony Kennedy , who nearly decided to overturn Roe in Planned Parenthood v. Casey , was open to rethinking Roe . Others feared that such a legal challenge would result in the solidification of the 1973 decision in Roe . Evangelical Christian groups tended to be in the former camp and Catholic groups in

2046-507: The Supreme Court upheld Mississippi's abortion law at issue in the case. In a 5–4 ruling, the court found there is no constitutional right to abortion and overruled Roe v. Wade and Planned Parenthood v. Casey , ending a constitutionally protected nationwide right to abortion and allowing states to make their own separate abortion laws. The anti-abortion movement includes a variety of organizations , with no single centralized decision-making body. There are diverse arguments and rationales for

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2112-472: The U.S. The Democrats for Life of America are a group of anti-abortion Democrats on the political left who advocate for an anti-abortion plank in the Democratic Party 's platform and for anti-abortion Democratic candidates. Former vice-presidential candidate Sargent Shriver , the late Robert Casey , a former two-term governor of Pennsylvania , and former Rep. Bart Stupak (D-Mich), a former leader of

2178-580: The United States during the late 1960s and early 1970s before the Roe v. Wade decision was from the United States Conference of Catholic Bishops and its Family Life Bureau. Mobilization of a wide-scale anti-abortion movement began immediately after 1973 with the creation of the National Right to Life Committee (NRLC). Before 1980, the Southern Baptist Convention officially advocated for loosening of abortion restrictions. During

2244-407: The United States, applies to all human beings, including their unborn offspring at every stage of their biological development, irrespective of age, health, function, or condition of dependency. Section 2. No abortion shall be performed by any person except under and in conformance with law permitting an abortion to be performed only in an emergency when a reasonable medical certainty exists that

2310-493: The [Roe v. Wade] Supreme Court abortion decision." By 1980, conservative Protestant leaders became vocal in their opposition to legalized abortion, and by the early 1990s Pat Robertson 's Christian Coalition of America became a significant anti-abortion organization. In 2005, Richard Land , president of the Southern Baptist Convention's Ethics and Religious Liberty Commission , said that making abortion illegal

2376-694: The acts that end human life. In 1979, Juli Loesch linked anti-abortion and anti- nuclear weapons arguments to form the group Pro Lifers for Survival. In 1987 this group defined an ethic of the sanctity of all life, and formed the group Seamless Garment Network. This group was against abortion, euthanasia , capital punishment , militarism , poverty and racism. Beginning in 1983, American Catholic Cardinal Joseph Bernardin argued that abortion , euthanasia , capital punishment , and unjust war are all related, and all wrong. He said that "to be truly 'pro-life,' you have to take all of those issues into account." Paul M. Perl studied 1996 voter statistics and found that

2442-418: The anti-abortion movement. The New York Times reported in 2011 that the anti-abortion movement in the United States had been undergoing a disagreement over tactics. Since Roe v. Wade was decided in 1973, the movement had usually focused on chipping away at Roe through incremental restrictions such as laws requiring parental consent or women to see sonograms, restricting late-term abortions, etc., with

2508-524: The anti-abortion stance. Many socially conservative organizations are involved in the anti-abortion movement. Some groups focus solely on promoting the anti-abortion cause, such as American Life League , the Susan B. Anthony List , National Right to Life Committee , Americans United for Life , and Live Action , among many others. Other groups support not only the anti-abortion cause but the broader family values cause, such as Family Research Council , Focus on

2574-512: The anti-abortion stance. Some allow for some permissible abortions, including therapeutic abortions, in exceptional circumstances such as incest, rape, severe fetal defects, or when the woman's health is at risk. Before the Supreme Court 1973 decisions in Roe v. Wade and Doe v. Bolton , anti-abortion views predominated and found expression in state laws which prohibited or restricted abortions in

2640-537: The anti-abortion teachings of these denominations vary considerably. The Eastern Orthodox Church and Roman Catholic Church consider abortion to be immoral in all cases, but may in some cases permit an act which indirectly and without intent results in the death of the fetus in a case where the mother's life is threatened. In Pope John Paul II's Letter to Families, he simply stated the Roman Catholic Church's view on abortion and euthanasia : "Laws which legitimize

2706-622: The bipartisan anti-abortion caucus in the United States House of Representatives , have been among the most well-known anti-abortion Democrats. However, following his vote in favor of the Patient Protection and Affordable Care Act , Marjorie Dannenfelser of the SBA List reported that her organization was revoking an anti-abortion award it had been planning to give to Stupak, and anti-abortion organizations accused Stupak of having betrayed

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2772-505: The church on the issue. The Evangelical Lutheran Church in America 's position is that abortion prior to the point of viability "should not be prohibited by law or by lack of public funding" but that "abortion after the point of fetal viability should be prohibited except when the life of a mother is threatened or when fetal abnormalities pose a fatal threat to a newborn." Supporters of the consistent life ethic also oppose abortions as one of

2838-444: The circumstances under which pregnancy may be terminated is reserved to the states. Introduced by Rep. Romano Mazzoli (D-KY) on April 5, 1979, under H.J.Res. 294 . The paramount right to life is vested in each human being from the moment of fertilization without regard to age, health, or condition of dependency. Introduced by Sen. Orrin Hatch (R-UT) on September 21, 1981, under S.J.Res. 110 . A right to abortion

2904-459: The consistent life ethic is difficult for religious leaders to promote because it combines the generally conservative anti-abortion stance with a liberal social attitude. Abortion abolitionism is an absolutist position, often opposed to mainstream anti-abortion positions, which is largely incrementalist . Abortion abolitionism advocates for a complete ban on abortion of all kinds, including exceptional cases (such as for rape, incest, or preventing

2970-480: The continuation of pregnancy will cause the death of the mother and requiring that person to make every reasonable effort, in keeping with good medical practice, to preserve the life of her unborn offspring. Section 3. The Congress and the several States shall have power to enforce this article by appropriate legislation within their respective jurisdictions. Introduced by Sen. William Scott (R-VA) on June 6, 1975, under S.J.Res. 91 . The power to regulate

3036-403: The direct killing of innocent human beings through abortion or euthanasia are in complete opposition to the inviolable right to life proper to every individual; they thus deny the equality of everyone before the law." The National Association of Evangelicals has adopted a number of resolutions stating its opposition to abortion, but "recognizes that there might be situations in which terminating

3102-470: The equal protection of the laws. Section 2. Neither the United States nor any State shall deprive any human being of life on account of illness, age, or incapacity. Section 3. Congress and the several States shall have the power to enforce this article by appropriate legislation. Introduced by Rep. G. William Whitehurst (R-VA) on March 13, 1973, under H.J.Res. 427 . Section 1. Nothing in this Constitution shall bar any State or territory or

3168-519: The federal judiciary. The committee considers presidential nominations for positions in the DOJ, the Office of National Drug Control Policy , the State Justice Institute , and certain positions in the Department of Commerce and DHS. It is also in charge of holding hearings and investigating judicial nominations to the Supreme Court , the U.S. court of appeals , the U.S. district courts , and

3234-444: The goal of limiting abortions and changing "hearts and minds" until there is a majority on the Supreme Court to overturn Roe . However, some activists were calling for "an all-out legal assault on Roe. v. Wade ", seeking the enactment of laws defining legal personhood as beginning at fertilization or prohibiting abortions after a fetal heartbeat is detectable at six to eight weeks in the hope that court challenges to such laws would lead

3300-461: The image of the anti-abortion movement as made up of "old white men" who cannot relate to the experience of pregnant women. The anti-abortion movement has been successful in recent years in promoting new laws against abortion within the states. The Guttmacher Institute said eighty laws restricting abortion were passed in the first six months of 2011, "more than double the previous record of 34 abortion restrictions enacted in 2005—and more than triple

3366-702: The imagery of the civil rights movement . Abolitionists say that that the historic abolitionist position on slavery was once also seen as radical and unpopular. Groups calling themselves abolitionist include the Mid-Atlantic Reformation Society, the Oklahoma -based organization Abolitionists Rising , End Abortion Now in Arizona , and Operation Save America , which have gained political support following overturning of Roe v. Wade in 2022. Some abolitionist groups filed amicus curiae briefs in support of

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3432-561: The latter. Among those who believe that abortion is murder, some believe it may be appropriate to punish it with death . While attempts to criminalize abortion generally focus on the doctor, Texas state Rep. Tony Tinderholt (R) introduced a bill in 2017 and 2019 that may enable the death penalty in Texas for women who have abortions, and the Ohio legislature considered a similar bill in 2018. In March 2021, Texas state Rep. Bryan Slaton introduced

3498-490: The legislation will allow the United States Supreme Court to reconsider Roe v Wade. Other abortion-related laws passed in several US states during this time period, which were upheld by the judicial system, include laws requiring an ultrasound before an abortion and laws that mandate fetal burial or cremation after an abortion. In June 2022, by its 6–3 ruling in Dobbs v. Jackson Women's Health Organization ,

3564-463: The legislative calendar on July 7. The resolution finally came before the full Senate on June 27 and 28, failing passage by a 49-50 vote. United States anti-abortion movement Defunct Newspapers Journals TV channels Websites Other Economics Gun rights Identity politics Nativist Religion Watchdog groups Youth/student groups Miscellaneous Other The United States anti-abortion movement

3630-474: The likely death of the woman). Those who adhere to this view often differentiate themselves from the label "pro-life", saying that if abortion is murder then it is unjustifiable in all cases, and that the "pro-life" position is reformist . Anti-abortion campaigners have made comparisons between abortion and slavery since the 1970s following the Roe v. Wade ruling by the U.S. Supreme Court. Many abortion abolitionists are conservative Christians and say that

3696-457: The modern pro-life movement. Before Roe v. Wade , the majority of Republicans were not anti-abortion, including most of the party's leadership, which typically cited abortion rights as included within an ideology of limited government and personal freedom. At the 1976 Republican National Convention , the party adopted an anti-abortion amendment as part of their platform, for strategic reasons. The party's leadership hoped to appeal to Catholics,

3762-459: The other side of the abortion debate in the United States is the abortion-rights movement (also called the pro-choice movement), which argues that pregnant women should have the right to choose whether or not to have an abortion. In June 2022, the Supreme Court overturned Roe v. Wade in Dobbs v. Jackson Women's Health Organization , ending federal abortion rights and allowing individual states to regulate their own abortion laws. Throughout

3828-476: The overturning of the decision. As of 2023 state legislators in almost 20 U.S. states had introduced abortion abolitionist bills, with some bills advocating capital punishment for anyone involved in an abortion. There are abolitionist campaign groups in 21 states, and abolition of abortion is included in the platform of the Republican Party of Texas . The Republican Party platform officially advocates an anti-abortion position, which developed alongside

3894-489: The party, which drove out many pro-choice Republicans and led to a long-term shift in the party's public image and identity. However, there are some pro-choice Republicans. The Republican group The Wish List supports pro-choice Republican women just as EMILY's List supports pro-choice Democratic women. The Susan B. Anthony List (SBA List) is dedicated to "increasing the percentage of anti-abortion women in Congress and high public office," and seeks to eliminate abortion in

3960-696: The use of certain federal funds for abortions. In Harris v. McRae , anti-abortion advocates won a 1980 challenge to the Hyde Amendment. That same year, anti-abortion politicians gained control of the Republican Party's platform committee, adding anti-abortion planks to the Republican position, and calling for a Human Life Amendment to the U.S. Constitution, banning abortion. Four anti-abortion U.S. Presidents – Ronald Reagan , George H. W. Bush , George W. Bush , and Donald Trump  – have been elected. Lisa Miller of The Washington Post wrote about

4026-402: The younger, more feminine face of the anti-abortion movement with the rise of leaders such as Lila Rose of Live Action, Marjorie Dannenfelser of the Susan B. Anthony List , Charmaine Yoest of Americans United for Life , Penny Nance of Concerned Women for America , and Kristan Hawkins of Students for Life , all "youngish Christian working mothers with children at home" who seek to combat

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4092-398: Was adopted by the right-to-life (anti-abortion) movement in the United States following the Supreme Court 1973 decision Roe v. Wade , which held that a woman may terminate her pregnancy prior to the viability of the fetus outside of the womb and may also terminate her pregnancy "subsequent to viability ... for the preservation of the life or health of the mother." The term pro-life

4158-412: Was adopted instead of anti-abortion to highlight their proponents' belief that abortion is the taking of a human life, rather than an issue concerning the restriction of women's reproductive rights , as the pro-choice movement would say. The first organized action was initiated by U.S. Catholic bishops who recommended in 1973 that the U.S. Constitution should be amended to ban abortion. Roe v. Wade

4224-470: Was considered a major setback by anti-abortion campaigners. The case and the overturning of most anti-abortion laws spurred the growth of a largely religious-based anti-abortion political and social movement, even as Americans were becoming, in the 1970s and 1980s, increasingly pro-choice. The first major anti-abortion success since Roe's case came in 1976 with the passing of the Hyde Amendment prohibiting

4290-516: Was referred to the Subcommittee on Constitution on February 22, and hearings were held by the subcommittee on Feb 28 and March 7. On March 23, the Subcommittee "[a]pproved for full committee consideration with an amendment favorably". The Committee itself ordered the resolution to be reported with amendment without recommendation on April 19, and the resolution was reported to the Senate and placed on

4356-565: Was the primary mechanism for explaining an individual's involvement in the anti-abortion movement. United States Senate Committee on the Judiciary The United States Senate Committee on the Judiciary , informally known as the Senate Judiciary Committee , is a standing committee of 21 U.S. senators whose role is to oversee the Department of Justice (DOJ), consider executive and judicial nominations, and review pending legislation. In addition,

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